IN RE ESTATE OF BOYAR

No. 1-11-1013.

964 N.E.2d 1248 (2012)

358 Ill. Dec. 226

In re ESTATE OF Robert E. BOYAR, Deceased (Robert A. Boyar, Petitioner-Appellant, v. Grant Dixon, as Trustee of the Sixth Amendment to the Robert E. Boyar Trust Agreement dated January 12, 1983, Joan F. Boyar, Jeffrey W. Boyar, Ellen L. Boyar, Linda J. Graziani, Kristina Boyar, Linda J. Graziani (as parent or legal guardian to Lucas Graziani), and Joan F. Boyar (as parent or legal guardian to Marianne Boyar-Larsen), Respondents-Appellees.)

Appellate Court of Illinois, First District, Fourth Division.

January 26, 2012.


Attorney(s) appearing for the Case

Barry A. Feinberg , Daniel J. Fumagalli , David J. Feinberg , Chuhak & Tescon, P.C., Chicago, for Appellant.

Kerry R. Peck , Timothy J. Ritchey , Peck Bloom LLC, Chicago, for Appellees.


OPINION

Justice FITZGERALD SMITH delivered the judgment of the court, with opinion.

¶ 1 The petitioner-appellant, Robert A. Boyar (hereinafter Robert), appeals from an order of the circuit court dismissing his petition to contest the validity of an amendment to the trust of his deceased father, Robert E. Boyar. The circuit court predicated its decision to dismiss on the doctrine of election, which prohibits a party from both accepting a benefit conferred...

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