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05/17/95 PAUL J. FOSTER v. PATRICIA ERICKSON FOSTER

May 17, 1995

PAUL J. FOSTER, PLAINTIFF-APPELLEE,
v.
PATRICIA ERICKSON FOSTER, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois. No. 94-LM-934. Honorable Rebecca Steenrod, Judge, Presiding.

Present - Honorable Peg Breslin, Justice. Honorable Tom M. Lytton, Justice. Honorable Kent Slater, Justice. Justice Lytton delivered the opinion of the court: Breslin and Slater, JJ., concur.

The opinion of the court was delivered by: Lytton

The Honorable Justice LYTTON delivered the opinion of the court:

Paul Foster filed a forcible entry and detainer action against his stepmother, Patricia Erickson Foster. Both parties filed motions for summary judgment. The trial court denied Patricia's motion and granted Paul's motion. Patricia appeals. We affirm in part, reverse in part, and remand for further proceedings.

Facts

Decedent Joseph Foster executed a deed dated October 19, 1992, stating that he,

"for and in consideration of the sum of one dollar ($1.00) and other good and valuable considerations and love and affection, in hand paid, conveyed and warranted to Paul J. Foster, ***, the following described real estate, to-wit:

***

(As a part of the consideration hereof, Grantor reserved unto himself and Patricia A. Erickson a joint life estate in the premises which shall terminate upon both of their deaths or permanent removal of occupancy thereof;)

***

Address of property: 18703 N. Krause Road

Chillicothe, Illinois 61523."

Prior to the execution of the deed, Patricia Erickson Foster had no legal interest in the subject property, although she had resided there beginning sometime before October 16, 1992.

Patricia and Joseph were married on October 21, 1992. On November 11, 1992, Joseph Foster executed a second codicil to his will, leaving Patricia his "residential real estate, both for the term of her natural life or until she voluntarily removes herself from said house", provided that she maintain the property and pay the taxes and insurance. Joseph died on November 15, 1992, and Paul Foster, his son and co-executor of his will, admitted the second codicil to probate on November 20.

Paul included Patricia's life estate "in real estate and dwelling house commonly known as 18703 N. Krause Road" in the inventory of Joseph's probate estate. A letter dated May 24, 1993, from one of Paul's attorneys listed all of the items in the probate inventory in which Patricia had an interest, "except her use of the home residence." On May 26, 1993, more than six months after Joseph's death, the October 19 deed was recorded. On November 30, 1993, another of Paul's attorneys sent a letter to Patricia's attorneys noting her obligation to insure the property. Patricia ...


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