In re Estate of Yucis

              No. 2--06--1225 Filed: 2-26-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
In re ESTATE OF ELVIGE STAEHLE ) Appeal from the Circuit Court
YUCIS, Deceased ) of Du Page County.
)
) No. 03--P--770
(Craig J. Cobine, as Executor of the Estate )
of Elvige Staehle Yucis, Deceased, Petitioner- ) Honorable
Appellee, v. Cyrus Mead IV, Respondent ) Kenneth L. Popejoy,
(Madeline M. Ward, Appellant)). ) Judge, Presiding.
______________________________________________________________________________
JUSTICE GROMETER delivered the opinion of the court:
Madeline M. Ward is a daughter and legatee of Elvige Staehle Yucis, who died on April 21,
2003. A Du Page County court convicted Ward of theft from Yucis and ordered Ward to pay
restitution of $320,000 to Yucis's estate. In the probate case, Craig J. Cobine, the executor of the
estate, brought a citation proceeding against Ward's former fiancé, Cyrus Mead IV. Cobine alleged
that Mead had control of property of Ward's and that Ward was indebted to the estate under the
restitution judgment. The probate court ordered Mead to give Ward's personal property to the sheriff
for sale and allowed Mead to go forward with the sale of real estate in which Ward may have a
contractual interest, but ordered the escrow of proceeds of both sales. Ward appeals from that order,
challenging both the jurisdiction of the probate court to enter the order and its authority to do so
under section 16--1 of the Probate Act of 1975 (Act) (755 ILCS 5/16--1 (West 2006)).
We agree with Ward that the court erred in entering the order, and we therefore reverse the
order and remand the matter to the probate court with instructions. We cannot determine whether