Keller v. Schobert

3 Citing cases

  1. Matter of Estate of Rolczynski

    349 N.W.2d 394 (N.D. 1984)   Cited 2 times

    We conclude that when the will directs that estate property be sold, without fixing specific time limits for such sale, the personal representative must sell the property within a reasonable time in the best interests of the estate. E.g., Brandt v. Phipps, 398 Ill. 296, 311, 75 N.E.2d 757, 764 (1947); Keller v. Schobert, 13 Ill. App.3d 637, 639-640, 300 N.E.2d 800, 802 (1973), aff'd, 58 Ill.2d 137, 317 N.E.2d 510 (1974); Hood v. Shively, 31 S.W.2d 283, 285 (Mo.App. 1930); Bryant v. Fingerlos, supra, 138 Neb. at 871-875, 295 N.W. at 898-900; In re Crolly's Will, 4 Misc.2d 221, 148 N.Y.S.2d 560, 563 (Sur.Ct. 1956). In the instant case, the court found that the personal representative has abused his discretion by unreasonably delaying the sale of the property.

  2. Keller v. Schobert

    317 N.E.2d 510 (Ill. 1974)   Cited 8 times

    The trial court dismissed the complaint for partition upon the motion of the defendants, and the Appellate Court for the Third District affirmed. ( 13 Ill. App.3d 637.) We allowed the plaintiff's petition for leave to appeal.

  3. Yamaguchi v. Chicago Title Insurance

    50 Ill. App. 3d 817 (Ill. App. Ct. 1977)   Cited 18 times

    A power not exercised within the parameters delineated by the testator lapses. ( Keller v. Schobert (1973), 13 Ill. App.3d 637, 300 N.E.2d 800, aff'd (1974), 58 Ill.2d 137, 317 N.E.2d 510.) The executor apparently recognized his power to conduct a private sale had lapsed when, more than a year after testator's death, he petitioned the court to authorize such a sale.