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10/07/88 In Re Estate of Katherine Kolbinger

October 7, 1988

IN RE ESTATE OF KATHERINE KOLBINGER, DECEASED (MARGUERITE


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Hendrixson, as Adm'x of the Estate of Harold

Kolbinger, Respondent-Appellant and

Cross-Appellee; Home State Bank of

Crystal Lake, as Adm'r of the

Estate of Katherine

Kolbinger,

Petitioner-Appellee and

Cross-Appellant)

No. 2-87-1111

529 N.E.2d 823, 175 Ill. App. 3d 315, 124 Ill. Dec. 842 1988.IL.1519

Appeal from the Circuit Court of McHenry County; the Hon. Henry J. Cowlin, Judge, presiding.

APPELLATE Judges:

JUSTICE REINHARD delivered the opinion of the court. INGLIS and DUNN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD

Petitioner, the estate of Katherine Kolbinger, petitioned for citations to discover assets against Home State Bank of Crystal Lake (Home State Bank) and respondent Marguerite Hendrixson, administratrix of the estate of Harold Kolbinger, seeking the recovery of two certificates of deposit and a savings account. Following a bench trial, the circuit court of McHenry County entered orders that Katherine Kolbinger's estate was the owner of these three accounts, that respondent was to turn over to petitioner $39,922.79, being the proceeds from one of the certificates of deposits cashed by Harold Kolbinger, and that the other certificate of deposit and the savings account be distributed as a specific bequest under Katherine Kolbinger's will.

Respondent contends on appeal that (1) the circuit court erred in permitting petitioner to proceed against respondent under a citation to discover assets after the period for filing claims against the estate of Harold Kolbinger had expired; (2) a citation to discover assets could not lie against respondent to recover the certificate of deposit which had been allegedly converted and commingled with Harold Kolbinger's other assets; and (3) the finding that the certificate of deposit cashed by Harold Kolbinger did not belong to him was against the manifest weight of the evidence. Petitioner has filed a cross-appeal contending that the circuit court erred in finding that the other certificate ...


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