Civil procedure — dismissal act, conflicting claims

Posted May 2, 2016 2:52 PM

Where affidavits conflict on relevant factual issues, the trial court cannot make a determination to dismiss without an evidentiary hearing.The 1st District Appellate Court vacated and remanded a decision by Cook County Associate Judge Susan M. Coleman.In 1983, Alma and Israel Zivin executed a will titled Mutual Last Will and Testament. The terms of the will stated that, upon either’s death, all property would go to the other. The will further stated that in the event that they both died, or upon the death of the …

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