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09/29/89 In Re Estate of Suzanne Jacobs

September 29, 1989

IN RE ESTATE OF SUZANNE JACOBS, DECEASED (ROBERT PHILLIPS,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

Adm'r of the Estate of Suzanne Jacobs, Deceased,

Petitioner-Appellee, v.

Vance Shaf et al., Respondents-Appellants)

545 N.E.2d 502, 189 Ill. App. 3d 625, 136 Ill. Dec. 978 1989.IL.1570

Appeal from the Circuit Court of Cook County; the Hon. Frank M. Siracusa, Judge, presiding.

APPELLATE Judges:

JUSTICE COCCIA* delivered the opinion of the court. MURRAY, P.J., and LORENZ, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE COCCIA

Respondent Vance Shaf appeals from an order entered by the circuit court in this citation proceeding. The circuit court directed Shaf to turn $10,000 over to Robert Phillips, independent administrator of Suzanne Jacob's estate and her first husband. Shaf and Steven Jacobs, Suzanne's second husband, had developed certain property conveyed to them by her, which was subsequently sold. The $10,000 awarded by the circuit court represented Suzanne's share of the profit from that sale. For the following reasons, we affirm.

The record in this case reveals the following salient facts. Suzanne died on October 4, 1983. On October 28, 1983, Phillips' counsel wrote Shaf. Counsel informed Shaf that Phillips -- father of Suzanne's daughter, Lisa Anne Phillips, a minor -- was seeking appointment as representative of Suzanne's estate. Counsel gave Shaf notice that Phillips would claim an interest, on behalf of Suzanne's estate and Lisa Anne, in any profit realized from the sale of the property conveyed by Suzanne, which Shaf and Steven were developing.

On October 31, 1983, Phillips was appointed administrator to collect, and the circuit court entered an order declaring Steven and Lisa Anne to be Suzanne's sole heirs. Steven filed a cross-petition for letters of administration on December 1, 1983, thereby vying with Phillips on the question of who would represent Suzanne's estate. The property that Suzanne conveyed, and that Shaf and Steven had developed, was sold in January of 1984. On January 28, 1984, Shaf paid Steven $10,000 of the $60,000 profit realized on the sale of the conveyed property, which had been named "Suzanne Acres."

An agreed order was entered on February 14, 1984. It was written in longhand and provided in part:

"It is further agreed that the parties will not sell, transfer or dispose of any estate assets; and, Stephen [ sic ] Jacobs agrees to not sell the property commonly known as 1441 Hawthorne Lane Glenview, Ill. [the marital residence] until March 14, 1984; and, to hold the proceeds of 1448 Canterbury Lane, Glenview [the developed property] until March 14, 1984 except for the $10,000.00 previously paid to Stephen [ sic ] Jacobs."

This order was signed by Steven's counsel. As the other signatures on the order are unintelligible, we are unable to determine which parties agreed to it, with the exception of Steven's attorney. The order of February 14, 1984, was continued in full force and effect by an order entered on March 22, 1984, but the ...


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