{
  "id": 2714225,
  "name": "In re ESTATE OF CARL H. TARR, Deceased; (MARCIE L. JACOBS et al., Claimants-Appellants, v. CARL E. TARR, Ex'r of the Estate of Carl H. Tarr, Deceased, Executor-Appellee.)",
  "name_abbreviation": "Jacobs v. Tarr",
  "decision_date": "1976-05-06",
  "docket_number": "No. 13063",
  "first_page": "915",
  "last_page": "917",
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
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    {
      "cite": "39 Ill. 2d 233",
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  "analysis": {
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  "last_updated": "2023-07-14T17:14:56.744968+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re ESTATE OF CARL H. TARR, Deceased.\u2014(MARCIE L. JACOBS et al., Claimants-Appellants, v. CARL E. TARR, Ex\u2019r of the Estate of Carl H. Tarr, Deceased, Executor-Appellee.)"
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE CRAVEN\ndelivered the opinion of the court:\nCarl H. Tarr died testate on September 1,1970, leaving his substantial real estate holdings to his son, Carl E. Tarr, for life, and the remainder to Carl E. Tarr\u2019s children. Carl H. Tarr\u2019s other children, Gerald W. Tarr and Marcie L. Jacobs, were each given *5000 under the will. Carl E. Tarr was named executor of the estate.\nCarl H. Tarr had been preceded in death by his wife, Lyda A. Tarr, who died intestate on September 5,1965. Gerald Tarr and Marcie Jacobs filed a claim in their father\u2019s estate, demanding *350,000 plus an additional amount to be determined. The claim was based upon an alleged constructive or resulting trust which they allege should have been imposed upon the property passing into Carl H. Tarr\u2019s hands at the time of Lyda Tarr\u2019s death.\nThe trial court struck the petitioners\u2019 claim without a hearing on the merits, ruling that the substantive statutory law involving the filing of claims requires a claim to arise from an express trust or a trust created by statute before it is cognizable in an estate action. We disagree.\nPrior to the Judicial Article of 1964, probate courts had limited jurisdiction. (See Ill. Const. 1870, art. VI, \u00a720.) The judicial article, however, abolished probate courts, removing the restrictions on the jurisdiction of courts sitting in probate proceedings. (See People ex rel. Dahm v. Corcoran, 39 Ill. 2d 233, 234 N.E.2d 794.) In order to implement the integration of jurisdiction under the judicial article, the Probate Act (Ill. Rev. Stat. 1973, ch. 3, pars. 1 \u2014 346) was amended in 1964. Section 192 (Ill. Rev. Stat. 1973, ch. 3, par. 192) was revised to provide that a claim against a decedent\u2019s estate, \u201cwhether based on contract, tort, or otherwise may be filed in the proceeding for the administration of the estate.\u201d Section 2(j) (Ill. Rev. Stat. 1973, ch. 3, par. 2(j) was added, defining \u201cclaim\u201d as \u201cany cause of action.\u201d Section 202 (Ill. Rev. Stat. 1973, ch. 3, par. 202) was amended with respect to seventh class claims by substituting the language \u201cAll other claims\u201d for \u201cAll other debts and demands.\u201d We conclude that a claim based upon an alleged constructive or resulting trust is within the jurisdiction of a court conducting a probate proceeding, cognizable as a seventh class claim. See Radice v. Antonacci, 87 Ill. App. 2d 139, 231 N.E.2d 107; 2 James, Illinois Probate Law and Practice \u00a743.99, at 77 (1975 Supp.); 4 James, Illinois Probate Law and Practice \u00a7192.2, at 119 (1975 Supp.); 6 James, Illinois Probate Law and Practice \u00a7967, at 165 (1975 Supp.).\nIt is clear from this record that the circuit court allowed the motion to strike the claim or complaint solely upon the basis that such an asserted claim was not cognizable in probate. Other asserted grounds for striking the claim were not reached by the trial court, and, indeed, in view of the dispositive nature of the issue, it was not necessary that such issues be reached by that court. The motion to strike does raise other grounds and presents other issues for resolution, some of which involve ascertainment of factual matters more appropriately to be considered in the trial court. Accordingly, the judgment of the circuit court of Sangamon County striking the claim as not cognizable in probate is reversed and this cause is remanded to that court for further proceedings.\nReversed and remanded with directions.\nSIMKINS and GREEN, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE CRAVEN"
      }
    ],
    "attorneys": [
      "Terry O. Helmich, of Springfield (Presney, Casper, Helmich & Feurer, of counsel), for appellants.",
      "Harvey B. Stephens, of Brown, Hay & Stephens, of Springfield, for appellee."
    ],
    "corrections": "",
    "head_matter": "In re ESTATE OF CARL H. TARR, Deceased.\u2014(MARCIE L. JACOBS et al., Claimants-Appellants, v. CARL E. TARR, Ex\u2019r of the Estate of Carl H. Tarr, Deceased, Executor-Appellee.)\nFourth District\nNo. 13063\nOpinion filed May 6, 1976.\nTerry O. Helmich, of Springfield (Presney, Casper, Helmich & Feurer, of counsel), for appellants.\nHarvey B. Stephens, of Brown, Hay & Stephens, of Springfield, for appellee."
  },
  "file_name": "0915-01",
  "first_page_order": 943,
  "last_page_order": 945
}