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WHITTAKER v. STABLES

No. 2-02-0234.

791 N.E.2d 588 (2003)

339 Ill. App.3d 943

274 Ill.Dec. 496

Mary WHITTAKER, as Successor Trustee of the Clarice Dauberman Trust, U/A dated 7/21/97, Plaintiff-Appellant, v. Carol Lee STABLES, Indiv. and as Successor Trustee of the Clarice Dauberman Trust, U/A dated 7/21/97, Defendant-Appellee (Scott Whittaker, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

June 9, 2003.

Attorney(s) appearing for the Case

Ted A. Meyers, Foote, Meyers, Mielke & Flowers, LLC, Geneva, Dana C. Crowley, Dana Crowley & Associates, Chicago, for Mary Whittaker, Scott Whittaker.

Ralph E. Lowe, Lowe & Steinmetz, Ltd., Aurora, for Carol Lee Stables.

Justice BOWMAN delivered the opinion of the court:

The parties to this case dispute the disposition of the estate of Clarice Dauberman, who died February 16, 1999. At issue is whether a document, handwritten by Dauberman and delivered to her daughter after Dauberman's death, amended the terms of her trust. The trial court found that it did not and granted summary judgment in favor of defendant, Carol Lee Stables. Plaintiff, Mary Whittaker (Mary), and intervenor, Scott...

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