In re Estate of Roller

              Filed 11/16/07 NO. 4-06-0964
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In re: the Estate of ANDREW ROLLER, ) Appeal from the
Deceased, ) Circuit Court of
RONALD E. ROLLER, ) Douglas County
Petitioner-Appellant, ) No. 64CH1299
v. )
LEOMA ALLISON and RUTH ANN DAVIS, )
Coguardians of the Estate of EDWARD )
R. ROLLER, a Disabled Person; and )
RUTH ANN DAVIS, Individually, )
Respondents-Appellees, )
and )
ALMA SANDERS; MARION ANDREW SANDERS; )
THERESA CURTIS HUNT; RONALD E. ROLLER; )
LEOMA ALLISON and RUTH ANN DAVIS; )
Coguardians of the Estate of EDWARD R. )
ROLLER, a Disabled Person; RUTH ANN )
DAVIS, Individually; the Unborn )
Descendants of ALMA R. SANDERS, MARION )
ANDREW SANDERS, THERESA CURTIS HUNT, ) Honorable
RUTH ANN DAVIS, and EDWARD R. ROLLER; ) Frank W. Lincoln,
and UNKNOWN OWNERS, Respondents. ) Judge Presiding.
JUSTICE MYERSCOUGH delivered the opinion of the court:
On November 1, 2006, and November 20, 2006, the trial
court entered written orders granting motions for summary
judgment filed by respondents, Leoma Allison (Leoma) and Ruth Ann
Davis (Ruth Ann), which sought to exclude Ronald E. Roller
(Ronald) from the Andrew Roller Trust (Trust) by virtue of the
fact that he was an adopted child. The order declared that
Ronald was not entitled to receive any proceeds from the Trust,
either income or principal, because the terms of the Trust
demonstrated clear and convincing evidence that Andrew, the
settlor, intended to exclude adopted children. Ronald appeals,