In re Estate of Light

SUPREME COURT CASES

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State: Illinois

Court: 3rd District Appellate

Docket No: 3-07-0688 Rel

Case Date: 09/05/2008

Preview:No. 3-07-0688 _________________________________________________________________ Filed September 5, 2008 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2008 In re the Matter of the Estate) Appeal from the Circuit Court of Bernice A. Light, deceased,) of the Tenth Judicial Circuit ) Peoria County, Illinois DAVID B. RADLEY, Executor, ) ) Plaintiff-Appellee, ) ) v. ) ) No. 06-P-161 DONALD WOLLAND and VIRGINIA ) WOLLAND, ) ) Beneficiaries and ) interest persons of the ) Estate of Bernice A. ) Light, ) Honorable ) Richard E. Grawey Defendants-Appellants. ) Judge Presiding _________________________________________________________________ JUSTICE LYTTON delivered the Opinion of the court: _________________________________________________________________ In her last Will and Testament, Bernice Light bequeathed to Donald and Virginia Wolland her two residences "and the contents thereof." Following Light's death, the executor of Light's estate

sought instructions from the court regarding what should be done about (1) paper certificates representing securities that were found in one of Light's homes, and (2) payment of the 2005 and 2006 real estate taxes on the residences Light bequeathed to the

Wollands. The trial court ruled that the proceeds from Light's

securities would not go to the Wollands and that the Wollands were responsible for paying the 2005 and 2006 real estate taxes on the residences they received under Light's will. BACKGROUND In 1964, Bernice Light hired attorney Carol Baymiller to help her execute her first Will and Testament. From time to time We affirm.

thereafter, Light instructed Baymiller to prepare new wills for her. When Baymiller retired, his nephew, David Radley, took over In 2003, Radley prepared Light's last Will and

his practice. Testament.

The pertinent paragraphs of that will state: "FIRST: I direct that my Executor hereinafter named

* * * shall pay all taxes assessed or imposed against my estate or against any beneficiary of my estate, any surviving joint tenant or donee of any gift, that said Executor shall not apportion such tax and shall not have the right, power, authority or duty to recover any portion of any tax from any beneficiary under my will or under any insurance policy that I may own or from any other person, firm or corporation. * * * SECOND: I give and bequeath * * * my residences at

5625 North Sheridan Road, Peoria, Illinois and at 3005 Ash Street, Lake Placid, Florida, and the contents

thereof, all personal and chattel property to my friends, DONALD WOLLAND and VIRGINIA WOLLAND * * * 2

THIRD: I give and bequeath my white mink jacket, my autumn haze jacket, and my leather jacket to my friend, DONISE BROWN * * * FOURTH: I give and bequeath the sum of three hundred sixty thousand dollars ($360,00.00) in equal shares as a class to: my cousins * * * * * * SIXTH: All the rest, residue and remainder of my property, after payment of all debts, taxes, bequests, costs of administration and other expenses thereof, I give and bequeath as follows: One-half (

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