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In Re Vardalos' Estate, 24 Ill. App. 3d 520, 320 N.E.2d 568 (1st Dist. 1974)

In Re Vardalos' Estate, 24 Ill. App. 3d 520, 320 N.E.2d 568 (1st Dist. 1974)

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Published by Alma McCauley
paralegalportfolio.info, paralegal portfolio In re Vardalos' Estate 24 Ill.App.3d 520, 320 N.E.2d 568 Ill.App. 1974. November 18, 1974 (Approx. 3 pages)

24 Ill.App.3d 520, 320 N.E.2d 568
Appellate Court of Illinois, First District, First Division.

In re ESTATE of Gus VARDALOS, Deceased. Petition for Citation to Recover Property, Betty BAGROWE, Administrator, Petitioner-Appellant, v. Alex GIANNOULIOS, Respondent-Appellee.
No. 58113. Nov. 18, 1974. Administrator of estate, the daughter of decedent, filed a citation to discover assets requi
paralegalportfolio.info, paralegal portfolio In re Vardalos' Estate 24 Ill.App.3d 520, 320 N.E.2d 568 Ill.App. 1974. November 18, 1974 (Approx. 3 pages)

24 Ill.App.3d 520, 320 N.E.2d 568
Appellate Court of Illinois, First District, First Division.

In re ESTATE of Gus VARDALOS, Deceased. Petition for Citation to Recover Property, Betty BAGROWE, Administrator, Petitioner-Appellant, v. Alex GIANNOULIOS, Respondent-Appellee.
No. 58113. Nov. 18, 1974. Administrator of estate, the daughter of decedent, filed a citation to discover assets requi

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Published by: Alma McCauley on Sep 12, 2010
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 1In re Vardalos' Estate24 Ill.App.3d 520, 320 N.E.2d 568Ill.App. 1974.November 18, 1974 (Approx. 3 pages)
24 Ill.App.3d 520, 320 N.E.2d 568
Appellate Court of Illinois, First District, First Division.
In re ESTATE of Gus VARDALOS, Deceased.Petition for Citation to Recover Property, Betty BAGROWE, Administrator,Petitioner-Appellant,v. Alex GIANNOULIOS, Respondent-Appellee.
No. 58113.Nov. 18, 1974.Administrator of estate, the daughter of decedent, filed a citation to discover assets requiringappearance of nephew of decedent. The Circuit Court, Cook County, Robert C. Springsguth, J., foundthat decedent had made a gift to nephew of monies in a savings account, and administrator appealed.The Appellate Court, Egan, P.J., held that finding that administrator had failed to rebut presumption of donative capacity on part of decedent was not against the manifest weight of the evidence.Affirmed.
West Headnotes
[1] KeyCite Citing References for this Headnote  191Gifts191IICausa Mortis191k53k. Requisites in General.Most Cited Cases  A gift causa mortis is effected only if the following conditions are met; the donor must be strickenwith some disorder which makes death imminent, death of donor must ensue as a result of the disorderexisting at time the gift was made without any intervening perfect recovery, gift must have been made
 
 2to take effect only in event of donor's death by his existing disorder, and there must have been an actualdelivery of the subject of the donation to the donee.[2] KeyCite Citing References for this Headnote  191Gifts191IICausa Mortis191k79Evidence191k80k. Presumptions and Burden of Proof.Most Cited Cases  191GiftsKeyCite Citing References for this Headnote  191IICausa Mortis191k79Evidence191k82Weight and Sufficiency191k82(1)k. In General.Most Cited Cases  Burden of proving a gift causa mortis is on alleged donee, and generally such a gift must be proved byclear and convincing evidence.[3] KeyCite Citing References for this Headnote  191Gifts191IICausa Mortis191k79Evidence191k82Weight and Sufficiency191k82(1)k. In General.Most Cited Cases  Less positive and unequivocal proof is required to establish a gift causa mortis to a relative than topersons not related to the donor, and slight evidence will suffice where there is no evidence of fraud orundue influence.[4] KeyCite Citing References for this Headnote  191Gifts191IICausa Mortis191k70Validity191k71k. In General.Most Cited Cases  Same degree of mental capacity is required to make a gift causa mortis as is required to make a will,and if a person is competent to dispose of property by will he may effectually dispose of it by a gift causamortis.
 
 3[5] KeyCite Citing References for this Headnote  191Gifts191IInter Vivos191k35Validity191k36k. In General.Most Cited Cases  As in the case of a will, test of mental capacity to make a gift is whether at time of the transaction thedonor has the ability to understand its nature and effect.[6] KeyCite Citing References for this Headnote  191Gifts191IInter Vivos191k46Evidence191k47Presumptions and Burden of Proof 191k47(3)k. Validity.Most Cited Cases  Finding that daughter of deceased had failed to rebut presumption of donative capacity on part of decedent, in relation to gift of monies in savings account to nephew of decedent, was not against themanifest weight of the evidence.**569 *522 George C. Rantis, Chicago, for petitioner-appellant.Theodore J. Herst, Chicago, for respondent-appellee.
EGAN, Presiding Justice.
Betty V. Bagrowe, the administrator of the estate of Gus Vardalos, filed a citation to discover assetsrequiring the appearance of Alex Giannoulios, the respondent. After a hearing, the court found that thedecedent had made a gift to the respondent of $7757.61 representing the amount of money in a savingsaccount in the decedent's name. The administrator-petitioner appeals from that finding.The decedent had been a patient for many years of Dr. Mayo M. Andelson, a certified internist with asub-specialty in cardiology. Dr. Andelson was called to the Augustana Hospital where the decedent hadbeen admitted in an emergency. His diagnosis was that the decedent had suffered small strokes whichresulted in a chronic brain syndrome, which means repeated injury to the brain with loss of function.The decedent was disoriented, agitated, remote and removed. He examined the decedent every day forapproximately three months and complications subsequently developed. He testified that in laymen's

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