Scala/Obrien Porsche v. Volkswagen of Amer. - Illinois Appellate Court — First District (2Nd Division) Reversed And Remanded

Scala/Obrien Porsche v. Volkswagen of Amer.

By Illinois Appellate Court — First District (2Nd Division) Reversed And Remanded

  • Release Date: 1980-08-19
  • Genre: Law
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Scala/Obrien Porsche v. Volkswagen of Amer. Illinois Appellate Court — First District (2Nd Division) Reversed And Remanded Book Review Score: ★★★★★ 5/5 stars

The Northern Trust Company, executor of the estate of Loretta K. Rettig, deceased, filed a petition for construction of Rettigs will. In the petition, the executor asked the court to determine the recipient of certain jewelry under the will. The three daughters of the testatrix, June Adele Rettig, Colleen A. Campbell and Patricia G. Dempsey, were named as respondents. Respondents Campbell and Dempsey filed a counterclaim against the executor and June Rettig. The executor moved for judgment on the pleadings pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 45(5)). The trial court entered judgment on the pleadings, ordering that all jewelry of the testatrix subject to probate be transferred to respondent June Rettig. The court also dismissed the counterclaim of Campbell and Dempsey with prejudice. We affirm in part, reverse in part and remand.

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