Ireland's Estate, In re
| Decision Date | 12 March 1971 |
| Docket Number | R,No. T--55,Gen. No. 70--131,T--55 |
| Citation | 267 N.E.2d 681,132 Ill.App.2d 157 |
| Parties | In the Matter of the ESTATE of Murray IRELAND, Deceased. FIRST NATIONAL BANK OF BATAVIA, Petitioner-Appellee, v. STATE BANK OF ST. CHARLES as Trustee under Trustespondent-Appellant. |
| Court | United States Appellate Court of Illinois |
Redmond, Shearer, O'Brien & Blood, St. Charles, for respondent-appellant.
Corrigan, Mackay, Quetsch & O'Reilly, Wheaton, Howard E. Smith, Geneva, for petitioner-appellee.
This appeal is brought by the State Bank of St. Charles as Trustee of the Murray Ireland Trust from an order of the Circuit Court of Kane County entered March 17, 1970 in favor of the First National Bank of Batavia as Conservator of the Estate of Emma F. Ireland, an incompetent.
On June 15, 1965, the First National Bank of Batavia was appointed conservator of the estate of Emma F. Ireland pursuant to a petition filed June 9. On June 18 Murray Ireland, the husband of Emma, died and on July 13 his Last Will and Testament dated Cotober 10, 1961 and ratified by a codicil dated August 11, 1964 was admitted to probate. That will as amended by the codicil named the State Bank of St. Charles as executor and trustee under certain trust provisions created in the will. Murray Ireland himself had been found incompetent and the St. Charles National Bank appointed conservator of his estate on January 28, 1965.
On August 21, 1968, the conservator of the estate of Emma Ireland filed an amended petition for an order to compel the State Bank of St. Charles as executor and trustee of the estate of Murray Ireland to make payments for the maintenance and support of his widow and to reimburse the conservator for such funds expended by them to date and for fees for the attorney for the conservator. On July 17, 1969, after several hearings were held on the matter and memorandum of law submitted by respective counsel, an order was entered that found, inter alia, as follows:
'That under the Last Will and Testament of Murray Ireland, deceased, there is a duty upon his estate to provide support, maintenance, care and payment of necessary expenses for clothing, medical and other incidental expenses of Emma F. Ireland, incompetent.'
The order provided that the State Bank reimburse the conservator in the amount of $17,574.24 for sums expended for the support of Emma Ireland from March 29, 1966 to July 8, 1969 and thereafter to make payments directly to the nursing home for her continued maintenance. It also awarded the attorney for the conservator the sum of $1050.00 for fees.
The next item that appears in the record is a motion filed by the State Bank on September 5, 1969 to 'modify and correct' or vacate the order of July 17 since, it was alleged, that order did not contain sufficient findings to support the order entered and was, therefore, '* * * not a final and appealable Order for an issue to be adjoined on appeal.' The conservator moved to strike the motion on the grounds that the court had lost jurisdiction of the matter.
On September 19, 1969, the trial court entered an order that denied the motion to strike, found its earlier order 'incomplete' and granted the motion to vacate. On October 7, a notice of appeal was filed by the State Bank from a purported order entered September 19 that does not appear in the record before us but apparently granted the same relief to the conservator as the order of July 17. On March 6, 1970 that appeal was stricken without prejudice by this court on the motion of the appellant.
On March 17, 1970, still a further order was entered by the trial court, this one embellished with the heading 'Order Construing Trust Agreement', that again compelled the State Bank to reimburse the conservator for sums...
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County Treasurer of Du Page County, Application of
...was from a final appealable order, the instant appeal, prosecuted well over a year later, would come too late. (In re Estate of Ireland (1971), 132 Ill.App.2d 157, 267 N.E.2d 681.) Petitioner's reply is that his first appeal was not pursuant to a final appealable order because the petition ......
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Sullivan v. Bach
... ... Werth, 16 Ill.App.3d at 690, 306 N.E.2d 510; In re Estate of Ireland (1971), 132 Ill.App.2d 157, 160, 267 N.E.2d 681 ... Further, the filing of a section 72 petition is not a substitute for ... ...
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Moses' Estate, In re
...positions: Lakatos v. Prudence Mutual Casualty Co. (1969), 113 Ill.App.2d 310, 252 N.E.2d 123; In the Matter of the Estate of Murray Ireland, Deceased (1971), 132 Ill.App.2d 157, 267 N.E.2d 681; Peach v. Peach (1966), 73 Ill.App.2d 72, 218 N.E.2d 504; and Altschuler v. Altschuler (1948), 39......
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Green v. Green
... ... (In re Estate of Ireland, 132 Ill.App.2d 157, 267 N.E.2d 681.) Further, a motion to set aside cannot be considered as a petition under Section 72 of the Civil ... ...