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In Re Estate of Girga

NOVEMBER 26, 1973.

IN RE ESTATE OF JOHN J. GIRGA, DECEASED — (ANTHONY A. ANTONIOU, PETITIONER-APPELLANT,

v.

ROBERT GIRGA ET AL., RESPONDENTS-APPELLEES.)



APPEAL from the Circuit Court of Cook County; the Hon. STANLEY THOMAS, Judge, presiding.

MR. PRESIDING JUSTICE BURKE DELIVERED THE OPINION OF THE COURT:

This is an appeal from a Summary Judgment granting the petition of Robert Girga to require the administrator of his father's estate to convey real property pursuant to the terms of an option given to Robert by his father. The petition was filed in accordance with the Illinois Probate Act, Section 252. Ill. Rev. Stat. 1971, ch. 3, par. 252.

The option under which Robert claims the property was recorded in Du Page County, Illinois on August 25, 1967. It provides as follows:

"Option to Purchase

August 4, 1967

I John J. Girga (Seller) received from Robert T. Girga this 4th day of August 1967, Seventy-Five dollars ($75.00) to apply on the option to purchase of certain real estate, together with appurtenances thereto, known as (Legal Description) Lot `U' in York Township Supervisor's Assessment Plat No. 1 Highland Road Farms, in the Southwest quarter of Section 20, Township 39 North, Range 11, East of the Third Principal Meridian in DuPage County, Illinois

The agreed selling price of the above subject real estate is Fifty-Five Thousand dollars ($55,000.00) balance due December 31, 1970 or purchaser Robert T. Girga will forfiet [sic] the earnest money of Seventy-Five dollars ($75.00).

Therefore, the purchaser Robert T. Girga must exercise this option no later than December 31, 1970."

The document was signed by both John and Robert Girga.

On September 16, 1967, John Girga granted an exclusive sales contract and option to Walter Brucher for the purchase of certain real property. The relevant portion of the agreement between the parties is as follows:

"DATE: September 16, 1967

DEAR SIR:

In consideration of the sum of Five Hundred Dollars, receipt acknowledged, I hereby give you exclusive sale of my property, described as

Lot `U' in York Township Supervisors' Assessment Plat No. 1, in Southwest Quarter, Section 20, Township 39, Range 11, lying East of the Third Principal ...


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