In re Estate of Bennett v. Weekly

In a case involving a dispute between two estates, the plaintiff filed a notice of disallowance of claims in probate court arguing that the claims filed against it by the defendant were barred under section 18-12(b) of the Probate Act. The probate judge entered an order granting the motion for disallowance of the claims on the grounds of timeliness and plaintiff appealed. The appellate court reversed and remanded, finding that the probate judge erred in striking the motions as untimely because an evidentiary hearing was necessary to resolve conflicting evidence regarding the domicile of plaintiff’s decedent. (HETTEL and BRENNAN, concurring)