In re Estate of Pigott

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2019 IL App (1st) 181716
Decision Date: 
Friday, August 16, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
ROCHFORD

Marital settlement agreement (MSA) did not award  children any money judgment against their father, but required him to make a will bequeathing his children 50% of his net estate valued at his death, and that if he failed to do so, children could bring claims against his estate. Thus, father was not a judgment debtor to children under the MSA, and MSA was not subject to the revival provisions in section 12-108 or 2-1602, and remained in full force and effect at time of father’s death. Provision in MSA requiring will was a mandatory injunction, not a money judgment.  (HOFFMAN and LAMPKIN, concurring.)