POLLY v. ESTATE OF POLLY

No. 1-08-0138.

896 N.E.2d 350 (2008)

Patricia POLLY, Plaintiff-Appellant, v. The ESTATE OF Lee POLLY, Deceased, Defendant-Appellee, and Janice K. Walker-Taylor, Defendant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 12, 2008.


Attorney(s) appearing for the Case

Michael A. Haber and Jennifer M. Ovadenko, Kalcheim Haber, LLP, of Chicago, for Appellant.

Timothy J. Storm, Law Offices of Timothy J. Storm, of Wauconda, IL, for Appellee.


Justice WOLFSON delivered the opinion of the court:

Patricia Polly sued the estate of her husband, Lee Polly, for breach of contract and for an accounting. The trial court granted the estate's motion to dismiss as untimely the counts directed against the estate. Patricia contends that the limitations period does not apply because she claimed rights given her by the will, not as a creditor of Lee's estate. In the alternative Patricia contends that either the will or...

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