Case Details


Charities Regulation, Common Law Powers

Filing State



Appellate Court of Illinois, 2nd District




In re Estate of Cappetta, 315 Ill.App.3d 414, 733 N.E.2d 426, 247 Ill.Dec. 962 (Ill. App. 2d Dist. 2000)


Illinois Attorney General has standing to appeal the trial court’s decision in probate case by virtue of his common-law and statutory authority to assure that the funds bequeathed to a charitable organization are applied to their intended charitable use.

Case Description

In probate case, claimants alleged fraudulent transfers by decedent, who was an attorney whose escrow account had disappeared. One of the claimants was the estate of a decedent who had left money to several charities. The Attorney General intervened in the case to protect the funds left to the charities. The court held that the Attorney General had standing to appeal the court’s decision to protect the charitable bequests.