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04/30/87 In Re Marriage of Charles H. Black

April 30, 1987

IN RE MARRIAGE OF CHARLES H. BLACK, SR., PETITIONER, AND


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

DORIS M. BLACK, Respondent-Appellee (Charles H.

Black, Jr., et al., Co-administrators of the

Estate of Charles H. Black, Sr.,

Deceased, Petitioners-Appellants).

-- In re ESTATE OF CHARLES H.

BLACK, SR., Deceased

507 N.E.2d 943, 155 Ill. App. 3d 52, 107 Ill. Dec. 790 1987.IL.566

Appeal from the Circuit Court of La Salle County; the Hon. Frank X. Yackley, Judge, presiding.

APPELLATE Judges:

JUSTICE WOMBACHER delivered the opinion of the court. BARRY, P.J., and HEIPLE, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

Husband in a marriage dissolution proceeding died following a hearing determining that grounds for the dissolution of marriage existed, but prior to an entry of judgment. The judgment was to be entered following a second hearing on remaining issues. The executors of his estate filed a motion requesting that they be substituted in the proceedings. The trial Judge determined the action had abated and denied the motion. We affirm.

In January of 1983 Charles Black, Sr., filed a petition seeking dissolution of his marriage from his wife Doris. In June of 1984 a hearing was held where the trial Judge found that jurisdiction and grounds to dissolve the marriage existed. The trial Judge reserved the entry of a final judgment of divorce until the next hearing on the remaining issues was completed. He specifically stated that the parties remained married pending the completion of the second hearing. Charles Black, Sr., died on April 4, 1986, prior to the second hearing, which was to be held on April 30, 1986.

On May 1, 1986, the trial Judge, without notice, dismissed the case for want of prosecution. On May 20, 1986, Charles Black, Jr., and Diane Tucker, the co-administrators of Mr. Black's estate, filed a motion to vacate the dismissal order and to substitute themselves as petitioners in the dissolution action. The trial Judge consolidated the marriage dissolution case with the probate proceedings. He entered an order vacating the order of dismissal. He ...


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