Estate of Lucille M. Horstmeier, deceased, Mary E. Scott, Executor - Page 6




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          pension at the business college, she paid off the home equity                
          loan secured by the Glenview house.                                          
               Ms. Horstmeier died on January 25, 1993.  In her will, the              
          Glenview house is not mentioned specifically; it passed to Ms.               
          Scott as the residuary beneficiary of a trust to which Ms.                   
          Horstmeier bequeathed her assets not required for estate                     
          administration.  Ms. Scott was appointed executor of the estate.             
          In August 1993, Ms. Scott filed a claim in the Circuit Court of              
          Cook County, Illinois, County Department, Probate Division.  The             
          claim sought a 50-percent tenancy-in-common interest in the                  
          Glenview house.  The claim stated, inter alia, as follows:                   
                    a) that the decedent [i.e., Ms. Horstmeier] and                    
               claimant [i.e., Ms. Scott] would share the expenses                     
               regarding residence, including, but not limited to,                     
               mortgage, real estate taxes, capital improvements, day                  
               to day maintenance, and any other improvements agreed                   
               to be made by the parties.                                              
                    b) that the decedent would require the claimant to                 
               pay $3,000 of $25,000, which represented � of the                       
               downpayment made on the purchase of the home, per year,                 
               commencing in the year 1976.                                            
                    3. That in fact the decedent and claimant have                     
               shared the expenses as agreed * * *, and also decedent,                 
               each year a $3,000 payment was required, required no                    
               payment and made a gift in the amount of $3,000 to                      
               * * * [claimant].                                                       
          The probate court approved the claim.  In doing so, the court did            
          not pass upon the merits or the underlying facts of the claim,               
          and no person with an adverse interest to Ms. Scott’s contested              
          or consented to the claim.                                                   






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