Illinois Masonic Children's Home v Michael Flynn, et.al.
Oct 07, 1982OUTCOME: Reversed and Remanded, Claim of assets under Joint and Mutual Will was not claim against estate and thus not barred by statute of limitations on contractual claims.
Decedent and husband executed joint and mutual will naming Children's Home sole beneficiary and agreed that survivor would not change provisions. Survivor executed second will and codicils that were a ... dmitted to probate. Beneficiary of joint and mutual will sought enforcement of that will claiming ownership of all assets. Court denied claim due to statute of limitations for contract enforcement of claims against estate. Beneficiary of joint and mutual will appealed with Choate as co-counsel.
