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05/04/87 In Re Estate of Raymond Lukas

May 4, 1987

IN RE ESTATE OF RAYMOND LUKAS, SR., DECEASED (RAYMOND


Before moving in with the decedent, McHugh testified that she and the decedent would engage in sexual relations two to four times per week. After she moved in, she said the frequency increased to two to five times daily. Further according to McHugh, that while the decedent would normally use a condom, he did not always do so. She stated that her last menstrual cycle prior to the petitioner's birth began on January 7, 1983, and she calculated that her next period should have begun on February 4. McHugh said she believed that she informed the decedent on February 6, approximately five days before his death, that her period was late. McHugh stated that her gynecologist confirmed her pregnancy in March of 1983.

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

Edward Lukas, a Minor, by and through his Mother and

Next Friend, Colleen McHugh,

Petitioner-Appellant, v.

American National Bank and Trust Company of Chicago, as

Adm'r of the Estate of Raymond Lukas, Sr., Deceased,

Respondent-Appellee)

508 N.E.2d 368, 155 Ill. App. 3d 512, 108 Ill. Dec. 207 1987.IL.578

Appeal from the Circuit Court of Cook County; the Hon. Arthur C. Perivolidis, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE QUINLAN delivered the opinion of the court. BUCKLEY and O'CONNOR, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE QUINLAN

Raymond Edward Lukas, a minor, by and through his mother and next friend, Colleen McHugh, filed a petition in the circuit court of Cook County seeking to amend the order of heirship for the estate of Raymond Lukas, Sr., deceased. Following a hearing, the trial court denied the petition finding that the petitioner had failed to prove by clear and convincing evidence that Raymond Edward Lukas was the son of the deceased. Petitioner appealed.

We affirm.

The issue presented by this appeal is whether the trial court's finding that the petitioner failed to prove by clear and convincing evidence that Raymond Edward Lukas is the son of the deceased, Raymond Lukas, Sr., is against the manifest weight of the evidence.

The facts pertinent to this appeal are as follows. On February 11, 1983, the decedent, Raymond Lukas, Sr., died intestate as a result of injuries suffered at work. At the time of his death, the decedent was divorced from Mary Lukas, was the father of Raymond John Lukas, Jr., and had not remarried. On November 18, 1983, the probate court entered an order of heirship declaring Raymond John Lukas, Jr., to be the decedent's sole heir. On December 22, 1983, the court appointed American National Bank & Trust Company of Chicago administrator of ...


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