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IN RE ESTATE OF JOLLIFF

No. 91563.

771 N.E.2d 346 (2002)

199 Ill.2d 510

264 Ill.Dec. 642

In re ESTATE OF Willie JOLLIFF, Deceased (Edith Porter, Appellant, v. Cheryl Jolliff, Appellee).

Supreme Court of Illinois.

May 23, 2002.

Attorney(s) appearing for the Case

David A. Martin, Sandra L. Hebenstreit, Kathleen M. Gros, of Righeimer, Martin & Cinquino, P.C., Chicago, for appellant.

Alan R. Borlack, Eric G. Grossman, of Bailey, Borlack, Nadelhoffer & Carroll, Chicago, for appellee.

Justice FITZGERALD delivered the opinion of the court:

Edith Porter appeals the Cook County circuit court's order holding section 18-1.1 of the Probate Act of 1975 (755 ILCS 5/18-1.1 (West 2000)) unconstitutional and dismissing her statutory custodial claim under that section. We reverse and remand.

BACKGROUND

In 1970, Willie Jolliff and his wife, Dorothy, separated, but subsequently never divorced. On March 28, 1977, Willie was completely disabled...

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