Publications

Houghtaylen v. The Russell D. Houghtaylen By-Pass Trust

Illinois Appellate Court
Civil Court
Estates
Citation
Case Number: 
2017 IL App (2d) 170195
Decision Date: 
Monday, December 18, 2017
District: 
2d Dist.
Division/County: 
De Kalb Co.
Holding: 
Appeal dismissed.
Justice: 
HUTCHINSON

After bench trial on dispute over decedent's intent as to transfer of her interest in farmland, court issued 3-page memorandum opinion concluding that evidence of decedent' intent was "unequivocal" in demonstrating her desire to transfer her interest to Plaintiffs. Court's judgment was immediately appealable under Rule 304(b)(1). Court's judgment resolved a matter that was a "similar proceeding" to administration of an estate under Rule 304(b)(1). Thus, a Rule 304(a) finding was superfluous, and Defendants' notice of appeal, filed more than 3 months after court's issuance of memorandum opinion, was untimely.(HUDSON and SPENCE, concurring.)