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Springfield Marine Bank v. Bradley

OPINION FILED NOVEMBER 18, 1977.

SPRINGFIELD MARINE BANK, CONSERVATOR OF THE ESTATE OF LEONARD L. OWENS, ET AL., PLAINTIFFS-APPELLANTS,

v.

ALPHONSO BRADLEY, EX'R OF THE ESTATE OF ELLA BRADLEY OWENS, DECEASED, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Sangamon County; the Hon. RICHARD J. CADIGAN, Judge, presiding. MR. JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Renunciation of a will.

Can it be done here?

No. Too late.

Let us look at the timetable of events:

5-27-74 Ella Bradley Owens died testate.

6-14-74 Leonard Lenard Owens, her widower, petitioned to admit Ella's will to probate and for letters testamentary.

6-26-74 Letters were issued to him and on the same day he filed a verified application for inheritance tax consents, listing every financial account in which his late wife had an interest (except one).

6-27-74 Executor Owens prepared a detailed list of property missing from the marital home.

10-21-74 The executor filed a petition to recover property and to discover personal property bequeathed to him in his late wife's will. (This matter was resolved and no hearing was ever held.)

12-26-74 Mr. Owens' sister, Mattie Able, filed a petition to revoke his letters testamentary. (No hearing was ever held on this petition.)

12-26-74 The executor's sister, Mattie Able, on the same day filed a petition in another cause for the appointment of a conservator for Mr. Owens.

1-17-75 Summons in the conservatorship was served upon Owens.

1-29-75 Owens (through his attorneys, Pree & Pree) filed a demand for jury trial. (No further hearing was ever had in this ...


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