Kresse v. Union Planters Bank, NA , 252 Ill. Dec. 336 ( 2001 )

JUSTICE MYERSCOUGH,

specially concurring in part and dissenting in part:

I specially concur in part and respectfully dissent in part. I agree with the majority that the Act does not apply here and that mileage may also be revisited.

I do not agree that Kreese is not entitled to attorney fees incurred investigating tax benefits for the estate. The trial court abused its discretion in denying same. The evidence is clear that the estate benefitted from the gifting program, and in fact, the respondentappellee initiated the concept of a gifting program to save the estate money. I would reverse on this issue also.