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11/06/87 In Re Estate of Mary A. Murphy

November 6, 1987

IN RE ESTATE OF MARY A. MURPHY, DECEASED (FRANCIS MURPHY,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

Petitioner-Appellant, v.

The Estate of Mary A. Murphy, Eileen M. Casey, Ex'x,

Respondent-Appellee)

516 N.E.2d 664, 163 Ill. App. 3d 380, 114 Ill. Dec. 509 1987.IL.1649

Appeal from the Circuit Court of Cook County; the Hon. Henry A. Budzinski, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. SULLIVAN, P.J., and McMORROW, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

Mary A. Murphy died on November 7, 1979. Her will bequeathed one-half of her estate to her son, William Casey. Her will provided that the other one-half of her estate was to be held in trust by William's wife, Eileen M. Casey (Eileen), for the benefit of the deceased's other son, Francis Murphy (Francis), petitioner-appellant in this appeal. The will designated Eileen as the executrix and testamentary trustee.

In issue here are three joint tenancy accounts of the deceased, Mary A. Murphy, and her son, William Casey, the surviving joint tenant:

(1) Talman Federal Savings & Loan Association of Chicago, Certificate of Deposit No. 519507 -- 7 in the amount of $10,000;

(2) Bell Federal Savings & Loan Association of Chicago, Certificate of Deposit No. 1053861, in the amount of $10,000; and

(3) 1st Security Bank of Cary Grove, Treasury Bill No. 2978, in the amount of $10,000.

Though initially listed in Eileen's first final account filed March 11, 1982, as assets of the deceased's estate, these joint accounts were omitted as assets of the deceased's estate in the first amended final account. At the proceedings ...


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