In re Estate of DeMarzo

Illinois Appellate Court
Civil Court
Wills
Citation
Case Number: 
2015 IL App (1st) 141766
Decision Date: 
Wednesday, August 19, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Decedent left will bequeathing majority of estate to man who was at various times her tenant, attorney, and boyfriend. Decedent's brother and only legal heir filed petition to contest will, alleging that will violated public policy, because he wrote will while acting as decedent's lawyer, based on deposition testimony of decedent's friend that decedent told friend, in lawyer's presence, that lawyer wrote the will. Court properly barred as hearsay conversation between decedent and friend about who prepared will, and properly denied brother's motion for partial summary judgment and granted lawyer's motion for summary judgment.(PUCINSKI and LAVIN, concurring.)