DeHart v. DeHart

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 114137
Decision Date: 
March 21, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
THOMAS
Holding: 
Appellate court affirmed.
Decedent testator admitted to Plaintiff, many years later, that he was not Plaintiff's biological father, although he had held himself out as such throughout his marriage to Plaintiff's mother; decedent then told Plaintiff that he had adopted him, though no record of adoption located. Plaintiff contested will which named decedent's wife of one year as Executor, and which stated "I have no children". Plaintiff sufficiently alleged lack of testamentary capacity, undue influence, contract for adoption and equitable adoption. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)