CROSS v. O'HEIR

Docket No. 3-12-0760.

993 N.E.2d 1100 (2013)

2013 IL App (3d) 120760

373 Ill. Dec. 541

Robert CROSS, Plaintiff-Appellee, v. Sandra M. O'HEIR, as Executor of the Estate of Estate of Richard J. O'Heir, the Estate of Richard J. O'Heir, Location Finders International, Inc., as president of Location Finders International, Inc., the Richard J. O'Heir Family Trust UAD July 21, 2003, the Richard J. O'Heir Revocable Trust UAD July 26, 1989, George S. Sarris, Dan Regan, Michelle Castellarin, Kathleen Lehnerer, Julie Quinn, Margaret Mary Zegley, Richard J. O'Heir, and Unknown Owners, Defendants-Appellants (Sandra M. O'Heir, as Executor of the Estate of Richard J. O'Heir, The Estate of Richard J. O'Heir, The Richard J. O'Heir Family Trust UAD July 21, 2003, The Richard J. O'Heir Revocable Trust UAD July 26, 1989, Sandra M. O'Heir and Gary L. Penrith, as Co-Trustees of the Marital Trust created by Richard J. O'Heir Revocable Trust under Agreement Dated July 26, 1989, as amended, Counterplaintiffs and Counterdefendants-Appellants; George S. Saris, Counterdefendant and Counterplaintiff-Appellee).

Appellate Court of Illinois, Third District.

Rehearing Denied August 30, 2013.


Attorney(s) appearing for the Case

Raymond E. Stachnik (argued), of Raymond E. Stachnik & Associates, Ltd., of Chicago, for appellants.

Gary S. Mueller (argued), of Gary S. Mueller & Associates, Ltd., of Joliet, for appellees.


OPINION

Justice LYTTON delivered the judgment of the court, with opinion.

¶ 1 In 1987, George Sarris and Richard O'Heir became business partners. Richard O'Heir died in 2006, and his wife, Sandra, was appointed executor of his estate. In 2008, Sandra O'Heir filed an action against Sarris, seeking a declaration that a cross-access easement created by Sarris and adjoining property owners included O'Heir property. Sarris filed a counterclaim for dissolution...

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