{ "id": 2840919, "name": "In re Estate of Anna Peterson, Deceased.-(Geraldine Fitzgerald, Administrator-Appellant, v. Home Insurance Company, Claimant-Appellee.)", "name_abbreviation": "Fitzgerald v. Home Insurance", "decision_date": "1972-01-17", "docket_number": "No. 55384", "first_page": "636", "last_page": "638", "citations": [ { "type": "official", "cite": "3 Ill. App. 3d 636" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "247 N.E.2d 409", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "42 Ill.2d 309", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2848809 ], "opinion_index": 0, "case_paths": [ "/ill-2d/42/0309-01" ] } ], "analysis": { "cardinality": 287, "char_count": 4155, "ocr_confidence": 0.79, "pagerank": { "raw": 7.871964132982944e-08, "percentile": 0.45976406346470394 }, "sha256": "3b260e89f12f629e2e96e11359d957c58e5ad9eed59fc816fb3f0db51af07622", "simhash": "1:dae44ebfc4b98767", "word_count": 701 }, "last_updated": "2023-07-14T16:53:03.474127+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re Estate of Anna Peterson, Deceased.\u2014( Geraldine Fitzgerald, Administrator-Appellant, v. Home Insurance Company, Claimant-Appellee.)" ], "opinions": [ { "text": "Mr. JUSTICE LYONS\ndelivered the opinion of the court:\nThis is an appeal from an order of the Circuit Court of Cook County denying a petition to vacate an order allowing the claim of Home Insurance Company against the estate of Anna Peterson.\nThe record reveals that on April 3, 1969, Home Insurance Company, as subrogee of its assureds under certain fire protection policies, filed a claim against the said estate in the amount of $3,095.10. The claim appeared on the claim docket for April of that year and an order allowing the claim was entered on April 28, 1969. On April 14, 1972, the attorney then representing the administrator filed a verified peition to vacate the order allowing the claim. In this petition it was averred:\n(1) that he did not appear at the April 1969, claim call, believing that the claim would appear on the May 1969, claim docket;\n(2) that he did not learn that the claim had been allowed until June 4, 1969, when he received a letter from counsel for the claimant dated June 3,1969;\n(3) that he immediately contacted counsel for the claimant by telephone and was advised to file a motion to vacate the claim, which motion would not be opposed;\n(4) that there exists a meritorious defense to the claim * * in that liability to claimant, if any, would probably be against the estate of decedent\u2019s husband, Alan Peterson, whose estate will be pending in this court shortly.\u201d\nIn claimant\u2019s answer to the petition to vacate it was stated:\n(1) that on June 3, 1969, claimant\u2019s attorneys advised the attorney representing the estate by letter that the claim had been approved and requested that an inventory be filed;\n(2) that on June 5, 1969, claimant\u2019s attorneys agreed with counsel then representing the estate to vacation of the allowance of the claim, provided that it be accomplished immediately;\n(3) That on July 2, 1969, counsel for the claimant sent a copy of the June 3, 1969, letter to counsel for the estate, which letter contained the following written addendum, \u201cplease take action on this matter 7-2-69\u201d;\n(4) that on July 16, 1969, counsel for claimant again sent counsel then representing the estate a copy of the letter of June 3, 1969, bearing the written notation \u201c* * * if our claim remains \u2018allowed\u2019 after August 1, 1969 \u2014 we will oppose any attempt to vacate it.\u201d\nPresent counsel for the administrator has both in his brief and upon oral argument shown himself to be a worthy advocate. While many of the arguments which he has advanced may well have proven decisive had they been presented by prior counsel to the Circuit Court, we can consider the propriety of that court\u2019s order only within the context of the material presented to it at the time the order was entered.\nA petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1969, ch. 110, par. 72) is not a continuation of the original proceeding. It marks the commencement of a new action and, as is the case with any original pleading, must set forth the grounds upon which the petitioner\u2019s entitlement to the relief sought rests. (Fennema v. Vander Aa, 1969, 42 Ill.2d 309, 247 N.E.2d 409.) The instant petition was totally inadequate and could not have supported an order for the relief prayed. It fails to set forth facts tending to establish the petitioner\u2019s diligence, the existence of a meritorious defense, and fails to contain an allegation that proper notice concerning the placement of the claim on the April 1969 claim call was wanting. Rather it is merely stated that counsel \u201cbelieved\u201d that the claim would appear on the May 1969, docket.\nWe conclude that the Circuit Court was correct in denying the petition to vacate since the petition was insufficient on its face to establish the petitioner\u2019s entitlement to the relief prayed.\nJudgment affirmed.\nGOLDBERG, P. J\u201e and BUREE, J., concur.", "type": "majority", "author": "Mr. JUSTICE LYONS" } ], "attorneys": [ "Richard Kahn, of Chicago, for appellant.", "Berman and Newman, of Chicago, (Leonard E. Newman, of counsel,) for appellee." ], "corrections": "", "head_matter": "In re Estate of Anna Peterson, Deceased.\u2014( Geraldine Fitzgerald, Administrator-Appellant, v. Home Insurance Company, Claimant-Appellee.)\n(No. 55384;\nFirst District\nJanuary 17, 1972.\nRehearing denied February 1, 1972.\nRichard Kahn, of Chicago, for appellant.\nBerman and Newman, of Chicago, (Leonard E. Newman, of counsel,) for appellee." }, "file_name": "0636-01", "first_page_order": 656, "last_page_order": 658 }