IN RE ESTATE OF PHELAN

No. 1-06-0820.

874 N.E.2d 185 (2007)

In re ESTATE OF John J. PHELAN, Deceased (Nora Phelan Clifford, Plaintiff-Appellant and Cross-Appellee, v. Jimmie "Red" Baskin, a/k/a Jimmy Baskin, as Executor of the Will of John Phelan, and as Successor Trustee of the Declaration of Trust of John Phelan, dated, July 7, 2000, for the benefit of Karen Phelan, Joseph Phelan, Ryan Phelan, Nora Phelan Clifford and Nellie Phelan Wilson; Anthony J. D'Alexander, as Trustee of the MJRNN Irrevocable Trust dated June 1, 1999, for the benefit of Karen Phelan, Joseph Phelan, Ryan Phelan, Nora Phelan Clifford and Nellie Phelan Wilson, Karen Phelan, Joseph Phelan, Ryan Phelan, Nellie Phelan Wilson, Wyatt Wilson, and Joseph Patrick Clifford, Defendants-Appellees and Cross-Appellants).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied September 19, 2007.


Attorney(s) appearing for the Case

Porikos, Rodes & Glavinskas, Chicago (Eduard Adam Glavinskas, of counsel), for Appellant Nora Phelan Clifford.

Bruggeman, Hurst & Associates, Ltd., New Lenox, for Appellee/Cross Appellant.


Justice GARCIA delivered the opinion of the court:

John J. Phelan established two separate trusts to provide for his wife and their two minor sons and his two adult daughters from prior marriages. In the first trust, MJRNN Irrevocable Trust (MJRNN Trust), he included his two adult daughters as beneficiaries. In the second, the revocable Declaration of Trust (Revocable Trust), he provided for his wife and two minor sons but did not provide for his two adult daughters...

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