In re Estate of Brown

3 Citing cases

  1. In re Estate of Austwick

    275 Ill. App. 3d 665 (Ill. App. Ct. 1995)   Cited 9 times
    Finding that trial court substantially followed the procedural requirements of the Probate Act even though no citation was issued

    Good cause for removal under section 23-2(a)(10) of the Probate Act generally arises from malfeasance by or inability of the guardian. (See In re Estate of Brown (1982), 103 Ill. App.3d 470, 431 N.E.2d 457.) In certain situations, good cause for removal exists even if a guardian has acted properly.

  2. In re Marriage of Wechselberger

    115 Ill. App. 3d 779 (Ill. App. Ct. 1983)   Cited 52 times

    Second, once the conditions set forth in one of the three subsections have been satisfied, then the court must determine whether the modification is necessary to serve the best interests of the child. In re Estate of Brown (1982), 103 Ill. App.3d 470, 473; In re Marriage of Strader (1981), 101 Ill. App.3d 779, 782; In re Marriage of Friedman (1981), 100 Ill. App.3d 794, 803; In re Marriage of Gebis (1981), 100 Ill. App.3d 710, 711-12 and cases cited therein. • 2 A quick comparison of the two versions of section 610(b) reveals that the enactment which took effect after July 1, 1982, does not contain the three criteria found in subsections (b)(1) through (b)(3) of the earlier statute.

  3. In re Estate of Wadman

    110 Ill. App. 3d 302 (Ill. App. Ct. 1982)   Cited 10 times

    (Ill. Rev. Stat. 1979, ch. 110 1/2, par. 23-2(a)(10).) Although few cases have touched on the applicability of section 23-2(a)(10) to proceedings of the nature here, in the case of In re Estate of Brown (1982), 103 Ill. App.3d 470, 431 N.E.2d 457, the Appellate Court for the Fifth District indicated, by way of dictum, that section 23-2 would be applicable to proceedings to terminate the guardianship of a minor and to return the minor to parental custody. However, the court held that the "good cause" provision of subsection (a)(10) referred only to cause arising from malfeasance by or inability of the representative.