NO. 4-06-0407 Filed 1/9/07
IN THE APPELLATE COURT
In re: the Estate of MARCELLA T.
CHERYL LASHMETT THOMAS,
CHRISTINE LASHMETT MONTGOMERY,
Circuit Court of
James W. Day,
JUSTICE APPLETON delivered the opinion of the court:
This appeal arises from a citation to discover assets
filed by the executor of the estate of Marcella T. Lashmett.
Following an evidentiary hearing, the trial court found that the
respondent to the citation proceedings was indebted to the estate
and entered judgment in favor of the estate. We affirm.
Marcella T. Lashmett died testate on December 19, 1999.
Her heirs at law were her two daughters, Cheryl Lashmett Thomas
and Christine Lashmett Montgomery. The will named Christine as
executor, but as the named executor took no action to open an
estate, Cheryl filed a petition to admit the will to probate and
was appointed as personal representative. She commenced citation
proceedings against her sister shortly thereafter. The order at
issue here is the result of an amended citation to discover
assets filed on December 16, 2005.