Jinnette v. Guest

4 Citing cases

  1. Tcherepnin v. Franz

    475 F. Supp. 92 (N.D. Ill. 1979)   Cited 15 times
    Finding “two in rem actions are not pending” and thus, the prior exclusive jurisdiction doctrine did not apply.

    The contract rather than any order of the circuit court of Illinois is the basis for any rights the Schroeders have in the subject property. Jinnette v. Guest, 35 Ill.App.2d 434, 439, 183 N.E.2d 194 (1st Dist. 1962). Thus, the policies of prior exclusive jurisdiction and collateral attack to prevent interference with the exercise of state court jurisdiction over specific property are in no way affected by adjudication of this fraudulent conveyance action.

  2. In re Estate of Sewart

    236 Ill. App. 3d 1 (Ill. App. Ct. 1991)   Cited 8 times

    See In re Estate of Johnson (1945), 389 Ill. 425, 429, 59 N.E.2d 825 ("Where there is a breach of the contract to make the bequest, the remedy is a claim against the estate in the nature of a claim for damages for such breach"). See also In re Estate of Greiner (1952), 412 Ill. 591, 107 N.E.2d 836; In re Guest's Estate (1962), 35 Ill. App.2d 434, 183 N.E.2d 194. • 3 Moreover, the deposition excerpt submitted by defendants as their sole support for summary judgment on count I does not suffice to establish the specific terms of any implied in fact agreement that may by inference be deemed to exist between the testator and the Pophams. If anything it is merely sufficient to establish a disclaimer by Mrs. Popham of an express agreement.

  3. In re Estate of Phillips

    275 N.E.2d 685 (Ill. App. Ct. 1971)   Cited 16 times

    We believe that this rule has been assumed for many years to be the law by members of the legal profession in this State, and that countless wills have been drafted on this assumption. See, for example, People v. Pasfield (1918), 284 Ill. 450; First Nat. Bank of Chicago v. Hart (1943), 383 Ill. 489; Lawless v. Lawless (1958), 17 Ill. App.2d 481; Jinnette v. Guest (1962), 35 Ill. App.2d 434; 42 Am.Jur.2d, Inheritance, Estate, and Gift Taxes, sec. 344; 1970 Illinois Inheritance Tax Manual, issued by William J. Scott, Attorney General, at page 42; Flynn, "Estate Tax Apportionment and the Marital Share in Illinois — A Modest Proposal" (1970), 58 Ill. Bar Journal 996. • 2 In many other states, provision is made by statute for apportionment of estate taxes in the absence of specific testamentary direction to the contrary.

  4. Smiley v. Estate of Toney

    100 Ill. App. 2d 271 (Ill. App. Ct. 1968)   Cited 16 times

    It is settled law that all contracts are presumed to have been executed in the light of existing law. Schiro v. W.E. Gould Co., 18 Ill.2d 538, 544, 165 N.E.2d 286 (1960); Jinnette v. Guest, 35 Ill. App.2d 434, 440, 183 N.E.2d 194 (1962). Thus, the construction of Country Mutual's policy must be made in the light of section 143a as it existed in 1963 — prior to the 1967 Amendatory Act.