In re Estate of McDonald
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McDonald sought letters of administration for the estate of his deceased brother, John. An affidavit averred that John’s only heirs were his parents and his siblings. McDonald had been appointed plenary guardian over John’s person and estate; thereafter, without the prior knowledge of his guardian or the court, John participated in a purported wedding ceremony with Ellizzette. The circuit court entered orders appointing Shawn as administrator and declaring John’s heirs to be John’s parents and siblings. McDonald filed but then withdrew a petition for declaration of invalidity of marriage, and filed a petition to recover assets. The court allowed Ellizzette to file a petition seeking letters of administration based on her assertion that she is John’s surviving spouse, then held that Ellizzette failed to present a prima facie case establishing the validity of the marriage. The Appellate Court remanded, finding the circuit court erred in barring Ellizzette from testifying based on the Dead Man’s Act. 735 ILCS 5/8-201.
The Illinois Supreme Court reinstated the trial court decision. Under the Probate Act, a ward who wishes to enter into a marriage may do so only with the consent of his guardian. Ellizzette was aware at the time of the marriage that John was under guardianship, so the marriage might not be valid. No best interest finding was ever sought or made. Ellizzette could not have provided any testimony that would have been sufficient to prove the validity of the marriage and could not have been prejudiced by her inability to testify regarding the marriage.
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