APPEAL from the Circuit Court of Cook County; the Hon. RAYMOND
E. TRAFELET, Judge, presiding.
MR. JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:
Charles Kreitman's executor brought this action in the circuit court of Cook County by filing a verified petition to construe decedent's will and to declare that a specific legacy of $5000 was adeemed by decedent's lifetime gift of that amount to the beneficiary named in the will. The respondent failed to answer or otherwise plead.
The trial court found that the specific legacy to the respondent was adeemed by decedent's lifetime gift to the respondent. We affirm.
The issues presented for review are (1) whether respondent admitted every allegation of the executor's verified petition by failure to answer during the lower court proceedings and (2) whether the decedent, Charles Kreitman, satisfied the specific legacy of $5000 to the respondent between the date of execution of his will and his death.
The facts are as follows: On January 14, 1971, Charles Kreitman, the decedent, executed a will which provided for a specific legacy to the respondent, Northwest Home for the Aged, in the amount of $5000 in memory of Bertha Kreitman, his deceased wife.
In October 1973, the Northwest Home for the Aged issued an appeal for funds to complete their new home at 6300 North California Avenue, Chicago, Illinois.
On October 19, 1973, Anne Kreitman, the second wife of decedent, issued a check to Northwest Home for the Aged in the amount of $5000 drawn on the joint account of Charles Kreitman and Anne Kreitman.
Charles Kreitman died on May 12, 1975, 1 1/2 years after the gift to the Home. In June of that year, the Northwest Home for the Aged notified the daughter of decedent, Mrs. Dorothy Hoffman, that a memorial plaque in memory of her parents, Bertha and Charles Kreitman, had been placed on the door of room 219 of the Home.
On July 24, 1975, decedent's will was admitted to probate, and on May 28, 1976, the executor filed his inventory showing no real estate and a doubtful interest in two land trusts and one building trust amounting to $5300.
The executor of the estate petitioned the court for a construction of the will to determine whether the legacy in article III to the Northwest Home for the Aged was satisfied and adeemed by the $5000 check given during the lifetime of the testator.
The Northwest Home for the Aged did not file an answer or any other responsive pleading to the verified petition nor the executor's brief during the course of the hearing.
On March 23, 1977, more than 6 months after the executor filed his petition to construe the will, the trial court entered its order. The court stated that the bequest of $5000 in article III of the will was adeemed. The respondent appeals.
Petitioner-appellee contends that because of the respondent's failure to answer the verified petition or raise any affirmative defenses or contentions, the respondent ...