Judgment in Favor of Sherer Law Offices Client in Complicated Probate Case

As published on leagle.com:

Justice HARRISON delivered the opinion of the court:

Plaintiff, Acsa Johnson, brought an action in the circuit court of Madison County to recover damages from various defendants, including the Edwardsville National Bank and Trust Company, now doing business as Mark Twain Bank (Mark Twain); Clover Leaf Savings and Loan (Clover Leaf); First Federal Savings and Loan Association (First Federal); and the Bank of Edwardsville. As grounds for his action, plaintiff alleged that the defendant banks (hereinafter referred to collectively as the banks) had negligently allowed money from certain of his deposits to be paid to his sister, Mary Jones, under authority of a power of attorney which was either forged or else was executed by plaintiff at a time when he was not competent. The banks filed separate motions for summary judgment on the grounds that plaintiff’s claims against them were barred as a matter of law by section 11a-23 of the Probate Act of 1975 (Ill.Rev.Stat.1985, ch. 110½, par. 11a-23), and their motions were granted in separate orders. Although additional claims against additional parties remained pending, the circuit court made an express written finding that there was no just reason

[594 N.E.2d 344]

for delaying enforcement or appeal. (See 134 Ill.2d R. 304(a).) Plaintiff has now appealed in three separate proceedings, which we have consolidated for argument and decision. For the reasons which follow, we affirm in part and reverse and remand in part.

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