American Cancer Society v. Goodkind

356 Ill. App. 3d 607
CourtAppellate Court of Illinois
DecidedMarch 14, 2005
Docket1-04-1619 Rel
StatusPublished
Cited by1 cases

This text of 356 Ill. App. 3d 607 (American Cancer Society v. Goodkind) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Cancer Society v. Goodkind, 356 Ill. App. 3d 607 (Ill. Ct. App. 2005).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

This case returns to this court on appeal from a hearing to construct the will of John Goodkind (John) which we mandated in our decision in In re Estate of Goodkind, No. 1—02—1079 (2003) (unpublished order under Supreme Court Rule 23) (Goodkind I). On appeal, appellants, William Goodkind (William) and the American Cancer Society (ACS), contend that the probate court erred by failing to construe the language of the will of decedent, John Goodkind, as disposing of his entire estate, which would preclude any portion of the estate from passing via intestacy to John’s illegitimate daughter, Phoenix Harvey (Phoenix), and his son, John Edward Goodkind (John Edward). 1 We reverse.

FACTUAL BACKGROUND

John died shortly after being released from the Cook County jail to receive cancer treatment. He had previously been charged with predatory criminal sexual assault of a child, namely, Phoenix.

After being charged, John initially fled Illinois, while released on bond awaiting trial, and hid out with his brother, Richard, in Nebraska, where he was ultimately apprehended by police. Before John was extradited to Illinois, Richard died, leaving his entire estate to John; this estate included real estate in Hawaii, a record collection, furniture, and $184,790 in bank deposits, money market accounts and stocks. John possessed nothing other than his inheritance from Richard. Upon being returned to Illinois and incarcerated in the Cook County jail, John was diagnosed with cancer and sought to prepare his last will and testament. John’s criminal defense attorney, who was also a clinical law professor, agreed to draft a will for him.

This will, executed on August 25, 1998, provided, in pertinent part:

“I, JOHN S. GOODKIND, a resident of Chicago, Illinois, being of sound mind, do make, publish and declare this to be my Last Will and Testament, and I revoke all prior wills and codicils.
I.
I give all of my personal effects, household goods, automobiles, and all other goods and chattels to my brother, William Goodkind, Sr., *** and my sister, Karen Stempinski ***, if they survive me, in shares of substantially equal value. If my brother and my sister do not survive me, I give such articles to Sandra Goodkind. 2
II.
I give the residue of my estate, to my brother and my sister, if they survive me, otherwise to Sandra Goodkind. If none of those three individuals survives me, I give the residue to the American Cancer Society.”

John subsequently executed a second will on March 26, 1999, prepared by the same attorney. That will provided:

“I, JOHN S. GOODKIND, a resident of Chicago, Illinois, being of sound mind, do make, publish and declare this to be my Last Will and Testament, and I revoke all prior wills and codicils.
I.
I give all of my personal effects, household goods, automobiles, and all other goods and chattels to my brother, WILLIAM GOOD-KIND, SR., *** and the American Cancer Society to be divided, in equity, in substantially equal shares in value as my brother shall determine.
III.
I name my brother as the executor of this Will.”

Thus, this will removed John’s sister, Karen, and Sandra Goodkind as legatees and deleted the entire paragraph which purported to give the entire residue of his estate to them. John also, in the second will, reiterated the powers of the executor provided in the first will.

John died on August 7, 1999. John’s parental rights for Phoenix had previously been terminated on February 1, 1999. At the time of John’s death, Phoenix was in the process of being adopted by an unrelated, Peoria-area couple.

After John’s death, William, as the executor appointed under the second will, petitioned for construction of the will. William sought for the will to be interpreted so as to allow the entire estate to be divided between himself and ACS. William’s petition primarily claimed that the term “personal effects,” used in the first clause, was ambiguous, potentially encompassing the intangible as well as the tangible assets. The probate court denied the petition to construe the will, however, as well as William and ACS’ motion to reconsider. William and ACS appealed.

In that appeal, Goodkind I, we determined, based on extrinsic evidence presented by William, that the term “personal effects” was latently ambiguous, meaning that it was possible that “John may very well have intended to use that term in a broader sense to include a devise of his entire estate, rather than to employ the term’s plain and ordinary meaning of tangible personal property only.” Goodkind I, slip op. at 16. We determined that a construction of “personal effects” as encompassing the entire estate would be legally viable as “we agree[d] with William and ACS that Linn [v. Davis, 223 Ill. App. 503 (1922),] does stand for the proposition that a broader interpretation of the term ‘personal effects’ is at least possible in a context where other factors are involved which tend to support a conclusion that the testator’s intent in using the term was to, in fact, mean his entire estate. [Citation.]” Goodkind I, slip op. at 13. We held that the “latent ambiguity create[d] the need for interpretation of John’s will, and [that] a hearing must be held” to determine if John intended such a broader meaning. Goodkind I, slip op. at 16.

On remand, the circuit court allowed discovery, during which William and the attorney who drafted the will appeared for discovery depositions. At the close of discovery the circuit court considered and denied cross-motions for summary judgment. The court then held a will construction hearing at which William and the drafting attorney testified.

The drafting attorney’s hearing testimony revealed that John’s wills were the only two he had ever been involved in drafting. He admitted that he never discussed with John what assets were actually in his estate. The attorney explained that the actual will preparation was done by his students and that his guidance to his students in that regard consisted merely of telling them to follow the form used in a recent Illinois Institute for Continuing Legal Education (CLE) booklet. When asked by Phoenix’s counsel whether the “personal effects” clause disposed of real property, or whether a residuary clause was necessary, the attorney answered that he did not know. The attorney further testified:

“I told the student to put everything that everyone was going to get into the first paragraph, that I thought that that was going to take care of everything. So I just told her to change — the main change was just simply from the sister to the Cancer society. I told her to effect that and that it would be done in the very first opening paragraph.”

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Related

In Re Estate of Goodkind
827 N.E.2d 6 (Appellate Court of Illinois, 2005)

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Bluebook (online)
356 Ill. App. 3d 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-cancer-society-v-goodkind-illappct-2005.