In re Estate of LaPlume

Court dismissed executor's petitions for approval to sell property and granting bank's motion to dismiss counterclaim to foreclosure complaint. Provisions of Section 20-6(b) of Probate Act must be read together; probate court does not have discretion as to each of the three components, but instead must apply subsection in its entirety. Section 20-6(b) of Probate Act empowers probate court to direct sale of decedent's property free and clear of all encumbrances, to adjust existing encumbrances, and to satisfy adjusted encumbrances from proceeds of sale. First-in-time doctrine is inapplicable, as the parties are not the same, and the actions did not arise out of same transaction, in the foreclosure action and probate action. Executor's request for leave to sell property was subordinate to bank's foreclosure action, but as circuit court did not exercise its discretion under Section 20-6, cause remanded to do so. (ZENOFF and JORGENSEN, concurring.)