Estate of Webster
Illinois Appellate Court
574 N.E.2d 245, 214 Ill. App. 3d 1014, 158 Ill. Dec. 451 (1991)
- Written by Serena Lipski, JD
Facts
John R. Webster was married to Edythe Webster, who predeceased him, and was stepfather to Edythe’s two daughters, Betty Hardy Williams and Edith L. Hardy (plaintiff). John’s will left his estate to Betty and Edith, and any property not otherwise effectively disposed of by the will was to go to John’s stepgrandson, Robert Bruce Williams. George W. Williams (defendant), Betty’s husband, and Muriel E. Williams, Robert’s wife, witnessed John’s will. George was executor. Edith challenged the gifts to Betty and Robert, arguing that under the Illinois Probate Act (IPA), any gift to a person whose spouse attested to the will is void. The circuit court agreed, holding that the gifts to Betty and Robert were lapsed and the entire estate was to pass to Edith. George, as executor of the estate, appealed, asserting that the Illinois law was unconstitutional on several grounds.
Rule of Law
Issue
Holding and Reasoning (Murray, J.)
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