Illinois Supreme Court

Robert C. Robinson, Appellees and Appellants v. First State Bank of Monticello (dwight H. Doss…

June 17, 198397 Ill. 2d 174

Summary

The court held that the plaintiffs’ claims against the bank and Doss were impermissible collateral attacks on a will and codicil whose validity became established when no direct will contest was filed within six months after probate. Because the tort claims would require litigating undue influence and invalidating the probated instruments, the court affirmed dismissal of all three counts. The court affirmed as to the bank and reversed the appellate court as to Doss, reinstating dismissal of count III.