Decedent died intestate. Court properly denied motion, filed by decedent's purported spouse, to vacate order appointing decedent's brother as administrator and order of heirship. Based on the 1973 amendment to the Dead Man's Act, court abused its discretion in barring purported spouse from testifying or presenting any evidence as to any marital relationship she had with decedent. As this ruling substantially prejudiced purported spouse, case remanded for a new trial. Court erred in granting administrator's motion for a directed finding. Section 11a-17(a-10) of Probate Act does not expressly declare that a marriage entered into by a ward is void in the absence of a best-interest hearing. The appointment under Probate Act of a guardian of a person is not sufficient, in and of itself, to show that the person was incompetent to consent to marriage. (SCHOSTOK and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Estates