In re Estate of Russell

              No. 2--06--0536 Filed: 3-28-07
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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In re ESTATE OF LUCY N. RUSSELL, ) Appeal from the Circuit Court
Deceased ) of Du Page County.
)
) No. 05--P--597
(Debra Anne Stone, as Co-Trustee of the )
Lucy N. Russell Loving Trust, Petitioner and )
Counterrespondent-Appellee, v. Richard Scott )
Russell, as Co-Trustee of the Lucy N. Russell )
Loving Trust, Respondent and )
Counterpetitioner-Appellant (Kathleen R. ) Honorable
Ryding, as Trustee of the Lucy N. Russell ) Kenneth L. Popejoy,
Loving Trust, Appellee)). ) Judge, Presiding.
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JUSTICE HUTCHINSON delivered the opinion of the court:
Richard Scott Russell (Scott), the respondent and counterpetitioner, appeals from an order
of the trial court naming Kathleen R. Ryding as the special administrator of the "Lucy N. Russell
Loving Trust" (trust). Because the order was immediately appealable under Supreme Court Rule
304(b)(1) (210 Ill. 2d R. 304(b)(1)), and Scott neither filed a proper postjudgment motion nor
appealed within 30 days of the entry of the order, we lack jurisdiction to hear the appeal and must
dismiss it.
Debra Anne Stone, the petitioner and counterrespondent, and Scott are the children of the
decedent, Lucy N. Russell, who died on May 24, 2004. By different routes, both became co-trustees
of the trust. On July 15, 2005, Debra filed a petition to remove Scott as co-trustee. Scott
counterpetitioned to remove Debra as co-trustee. Debra further filed motions asking the trial court