Illinois Official Reports

Appellate Court

In re Estate of McDonald, 2020 IL App (2d) 191113

Appellate Court 

Caption

In re ESTATE OF JOHN W. McDONALD III, Deceased (Shawn 

McDonald, Petitioner and Counterrespondent-Appellee, v. Ellizzette

McDonald, Respondent and Counterpetitioner-Appellant).

District & No. Second District 

No. 2-19-1113

Rule 23 order filed

Motion to

publish allowed

Opinion filed

December 22, 2020

February 1, 2021

February 1, 2021

Decision Under 

Review

Appeal from the Circuit Court of Kane County, No. 17-P-744; the 

Hon. James R. Murphy, Judge, presiding.

Judgment Affirmed in part and reversed in part.

Cause remanded with directions.

Counsel on

Appeal

Steven J. Roeder and Thomas D. Gipson, of Roeder Law Offices LLC, 

of Chicago, and Robert G. Black, Law Offices of Robert G. Black, 

P.C., of Naperville, for appellant.

Patrick M. Kinnally and Christopher J. Warmbold, of Kinnally 

Flaherty Krentz Loran Hodge & Masur PC, of Aurora, for appellee.
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Panel JUSTICE HUDSON delivered the judgment of the court, with 

opinion.

Justices Schostok and Birkett concurred in the judgment and opinion.

OPINION

¶ 1 I. INTRODUCTION

¶ 2 This appeal concerns the estate of decedent, John W. McDonald III. Decedent died intestate 

on December 11, 2017. Four days later, petitioner, Shawn McDonald (Shawn), decedent’s 

brother, filed in the circuit court of Kane County a petition for letters of administration and an 

affidavit of heirship. The trial court appointed Shawn as the administrator of decedent’s estate 

and declared decedent’s parents—John W. McDonald Jr. and Brenda K. McDonald—and 

siblings—Shawn, Heather Ladue, and Brett McDonald—as his only heirs. Respondent, 

Ellizzette McDonald (Ellizzette), purporting to be decedent’s surviving spouse, sought to 

vacate the order appointing Shawn as the administrator of decedent’s estate and the order of 

heirship. The trial court denied Ellizzette’s motion but granted her leave to proceed pursuant 

to section 9-7 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/9-7 (West 2016)). 

Ellizzette then filed a petition for letters of administration, an affidavit of heirship, and a motion 

for judgment on the pleadings with regard to her petition for letters of administration. After the 

trial court denied Ellizzette’s motion for judgment on the pleadings, the matter proceeded to a 

bench trial. Shawn moved for a directed finding at the close of Ellizzette’s case. The trial court 

granted Shawn’s motion, concluding that Ellizzette failed to present a prima facie case on the 

validity of her marriage to decedent. Ellizzette then filed a notice of appeal.

¶ 3 On appeal, Ellizzette raises five principal issues. First, she argues that the trial court erred 

when it appointed Shawn as the administrator of decedent’s estate, because she was not 

provided with the statutorily required notice. Second, she asserts that the trial court erred in 

denying her motion for judgment on the pleadings. Third, she contends that the trial court erred 

in granting Shawn’s motion for a directed finding. Fourth, she argues that the trial court 

committed reversible error in barring her from testifying, at the trial on her petition, regarding 

her marriage and heirship. Finally, she maintains that the trial court erred in denying her motion 

for a continuance. For the reasons set forth below, we affirm in part, reverse in part, and remand 

this matter for further proceedings.

¶ 4 II. BACKGROUND

¶ 5 Decedent died intestate on December 11, 2017, in Paris, Illinois. As noted, Shawn is 

decedent’s brother, and Ellizzette purports to be decedent’s surviving spouse.

¶ 6 A. Guardianship

¶ 7 On March 7, 2017, Shawn filed in the circuit court of Kane County a petition for the 

appointment of a guardian for a disabled person. In support of the guardianship petition, Shawn 

submitted a physician’s report stating that decedent suffered from “bipolar disorder with manic 

and depressive episodes” as well as “alcohol use disorder (severe).” On May 30, 2017, the trial 

court entered an order declaring decedent a disabled person who “is totally without capacity” 
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as specified in section 11a-3 of the Probate Act (755 ILCS 5/11a-3 (West 2016)) and 

appointing Shawn as the plenary guardian of decedent’s person and estate. The record suggests 

that decedent did not participate in the guardianship proceedings. When made aware of the 

proceedings, decedent obtained counsel and objected to the order appointing Shawn as his 

guardian. However, the record does not show that a trial was conducted on whether the 

guardianship should have been entered.

¶ 8 B. Petition for Letters of Administration and Affidavit of Heirship

¶ 9 On December 15, 2017, four days after decedent’s death, Shawn filed in the circuit court 

of Kane County (1) a petition for letters of administration and (2) an affidavit of heirship. In 

his affidavit of heirship, Shawn asserted that decedent had been married “once and only once 

and then to Debbie Greene McDonald,” with said marriage ending in divorce sometime prior 

to 2012. Shawn stated that on July 11, 2017, decedent “participated in a wedding ceremony 

with Ellizzette Duvall Minnicelli.” Shawn claimed, however, that the marriage was void 

ab initio because decedent lacked the capacity to consent to the marriage. Therefore, Shawn 

requested that decedent’s parents and his three siblings be declared as decedent’s heirs at law. 

The matter was assigned to Judge John A. Noverini. In an order bearing the handwritten date 

of December 18, 2017, but file-stamped December 19, 2017, Judge Noverini appointed Shawn 

as the administrator of decedent’s estate. Judge Noverini also entered an order declaring 

heirship, listing decedent’s parents and his three siblings as his only heirs. On December 21, 

2017, the clerk of the circuit court issued letters of office advising of Shawn’s appointment as 

the independent administrator of decedent’s estate pursuant to the order entered by the trial 

court.

¶ 10 C. Petition for Declaration of Invalidity of Marriage

¶ 11 On December 22, 2017, Shawn filed a verified “Petition for Declaration of Invalidity of a 

Marriage,” pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act 

(Marriage Act) (750 ILCS 5/301(1) (West 2016)). The petition asserted as follows. On July 

11, 2017, decedent participated in a marriage ceremony with an individual named “Ellizzette 

Duvall Minnicelli” in Edgar County, Illinois. Shawn first learned of the marriage ceremony 

when it was disclosed to him in open court on November 16, 2017, during a hearing in the 

guardianship case. Because decedent’s person and estate were under plenary guardianship 

when he participated in the marriage ceremony, decedent lacked the legal capacity to consent 

to the marriage. At the time the marriage ceremony was performed, decedent had actual 

knowledge of the existence of the guardianship and was actively participating in litigation in 

the guardianship case. Further, at the time the marriage ceremony was performed, “Ellizzette 

Duvall Minnicelli” had actual knowledge of the existence of the guardianship and was actively 

assisting decedent in pursuing then-ongoing litigation in the guardianship case. Shawn prayed 

for the entry of an order “declaring the invalidity of the marriage of the Decedent *** to 

Ellizzette Duvall Minnicelli and further declaring the said marriage to be void ab initio.” 

Attached to the petition was a copy of a “Certification of Marriage” issued by the clerk of 

Edgar County, Illinois. Shawn voluntarily withdrew this pleading without prejudice on March 

7, 2018.
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¶ 12 D. Ellizzette’s Motion to Vacate

¶ 13 Meanwhile, on January 4, 2018, counsel entered an appearance on Ellizzette’s behalf. That 

same day, Ellizzette filed a motion for substitution of judge as a matter of right. Ellizzette’s 

motion was granted, and the matter was transferred to Judge James R. Murphy.

¶ 14 On January 17, 2018, Ellizzette filed a “Motion to Vacate Order Appointing 

Administration and Order of Heirship.”1 Ellizzette’s motion asserted that the order appointing 

Shawn as the administrator of decedent’s estate and the order of heirship should be vacated 

because Shawn obtained letters of administration and assumed control of decedent’s estate 

under false pretenses. Specifically, Ellizzette contended that, (1) as decedent’s surviving 

spouse, she is decedent’s sole heir and has a superior right to act as decedent’s administrator 

and (2) Shawn intentionally failed to provide her notice of his petition for letters.

¶ 15 On March 7, 2018, Shawn filed his response to Ellizzette’s motion to vacate. Shawn 

asserted that, although Ellizzette participated in a “marriage ceremony” with decedent, 

decedent lacked the capacity to enter into a “marriage contract,” because of the guardianship. 

In support of his position, Shawn cited section 11a-22(b) of the Probate Act (755 ILCS 5/11a22(b) (West 2016)). Section 11a-22(b) provides that “[e]very note, bill, bond or other contract 

by any person for whom a plenary guardian has been appointed or who is adjudged to be unable 

to so contract is void against that person and his estate, but a person making a contract with 

the person so adjudged is bound thereby.” 755 ILCS 5/11a-22(b) (West 2016). Shawn asserted 

that marriage is a contract. Hence, pursuant to section 11a-22(b), the “marriage contract” 

entered into on July 11, 2017, between decedent and Ellizzette is void. Since the marriage is 

void, decedent was not married at the time of his death, and his only heirs at law are his parents 

and his siblings. Shawn did not dispute that Ellizzette was not provided notice of his petition 

for letters of administration. He asserted, however, that notice is required to be served on only 

a decedent’s heirs. Since Ellizzette is not an heir, there was no need to serve notice on her.

¶ 16 In her reply to Shawn’s response, Ellizzette argued that section 11a-22(b) of the Probate 

Act does not address the validity of a marriage but, rather, is intended to address transactional 

contracts entered into by a ward. Ellizzette further asserted that her marriage to decedent enjoys 

a strong presumption of validity under Illinois law (see Larson v. Larson, 42 Ill. App. 2d 467, 

472 (1963) (“When the celebration of marriage is shown, the contract of marriage, the capacity 

of the parties, and, in fact, everything necessary to the validity of the marriage, in the absence 

of proof to the contrary, will be presumed ***.”)) and that the guardianship over decedent did 

not compel the conclusion that he was unable to consent to marriage, because the appointment 

of a guardian is not sufficient, in and of itself, to show that the person was incompetent to have 

consented to a marriage (see Pape v. Byrd, 145 Ill. 2d 13, 21 (1991)). Ellizzette added that 

questions regarding the validity of her marriage are governed by the Marriage Act (750 ILCS 

5/101 et seq. (West 2016)). Further, section 302(b) of the Marriage Act prohibits any attempt 

to invalidate a marriage after the death of either party to the marriage on the basis of one party’s 

incapacity to consent. 750 ILCS 5/302(b) (West 2016) (“In no event may a declaration of 

invalidity of marriage be sought after the death of either party to the marriage under subsections 

(1), (2), and (3) of Section 301.”); see also 750 ILCS 5/301(1) (West 2016) (“The court shall 

enter its judgment declaring the invalidity of a marriage *** entered into under the following 

1

On the same date, Ellizzette filed a “Motion to Reconsider Order Appointing Administration and 

Order of Heirship.” The motion to reconsider was substantively identical to the motion to vacate.
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circumstances: (1) a party lacked capacity to consent to the marriage at the time the marriage 

was solemnized, either because of mental incapacity or infirmity or because of the influence 

of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a 

marriage by force or duress or by fraud involving the essentials of marriage[.]”). Despite his 

knowledge of Ellizzette’s and decedent’s marriage, Shawn failed to challenge the marriage 

during decedent’s lifetime and was therefore time-barred from attempting to invalidate the 

marriage. See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage 

was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law.

¶ 17 On April 18, 2018, the trial court denied Ellizzette’s “motion to vacate.”2 In the same 

order, the court granted Ellizzette leave to file a petition for the appointment of an administrator 

and an affidavit of heirship pursuant to section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 

2016)). The court directed Ellizzette to file the documents by May 2, 2018.

¶ 18 E. Ellizzette’s Petition for Letters of Administration and Shawn’s Response

¶ 19 On May 1, 2018, Ellizzette filed her petition for letters of administration and affidavit of 

heirship. In the filings, Ellizzette stated that she is decedent’s surviving spouse. She further 

asserted that, since decedent had no children, she is decedent’s sole heir.

¶ 20 On May 25, 2018, Shawn filed his response to Ellizzette’s petition for letters of 

administration and affidavit of heirship. In his response, Shawn argued that, pursuant to section 

9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)), Ellizzette had three months after the 

issuance of letters of administration to him to file her own petition for letters of administration. 

Shawn argued that Ellizzette’s petition for letters of administration, which was filed on May 

1, 2018, was untimely because it was filed more than three months after letters of 

administration were issued to him. Shawn further asserted that nothing in the statute allows the 

court to grant an extension to file a petition for letters of administration outside the three-month 

window. Therefore, he argued, the court lacked jurisdiction to consider Ellizzette’s petition.

¶ 21 F. Ellizzette’s Motion for Judgment on the Pleadings 

¶ 22 On June 7, 2018, Ellizzette filed a motion for judgment on the pleadings. Initially, 

Ellizzette argued that the trial court was empowered to extend the filing window for a pleading 

under section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)) beyond the three-month 

window, because the language of the statute is permissive and controlling law makes clear that 

a party seeking to challenge an order declaring heirship is free to do so at any time during the 

administration of the estate or after the estate has been closed. Ellizzette also contended that, 

since Shawn failed to deny her verified factual allegations, including that she is decedent’s 

surviving spouse, these allegations were deemed admitted. See 735 ILCS 5/2-610 (West 2016). 

Alternatively, Ellizzette argued that the only basis to challenge the validity of a marriage after 

the death of one of the parties to the marriage is “the narrow bar against ‘prohibited marriages’ 

under the [Marriage Act].” See 750 ILCS 5/301(4), 212 (West 2016). Ellizzette requested full 

judgment on the pleadings in her favor or, alternatively, “partial judgment on the pleadings in 

2

Although the trial court’s April 18, 2018, order references only the denial of Ellizzette’s motion 

to vacate, we conclude that it also dispensed with the motion to reconsider, which was nearly identical 

to and raised the same substantive arguments as the motion to vacate.
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[her] favor *** limiting discovery and hearing on the Petition to the narrow issue of whether 

the Decedent’s marriage to [her] constitutes a ‘prohibited marriage’ under the [Marriage Act].”

¶ 23 On July 3, 2018, Shawn filed a response to Ellizzette’s motion for judgment on the 

pleadings. Shawn reiterated his position that section 11a-22(b) of the Probate Act (755 ILCS 

5/11a-22(b) (West 2016)) bars any contract, including one for marriage, entered into by 

someone such as decedent, for whom a plenary guardian had been appointed. Thus, he 

concluded, any marriage contract between Ellizzette and decedent was void. Shawn further 

contended that judgment on the pleadings was inappropriate because there remained a factual 

issue regarding whether the alleged marriage between Ellizzette and decedent was valid. See 

In re Estate of Davis, 225 Ill. App. 3d 998, 1000 (1992).

¶ 24 On September 10, 2018, the trial court denied Ellizzette’s motion for judgment on the 

pleadings as “premature.”

¶ 25 G. Shawn’s Motion for Judicial Notice

¶ 26 On October 2, 2018, Shawn filed a motion requesting the trial court to take judicial notice 

of the “Certified Copy of Edgar County, Illinois[,] Marriage Application and Record of 

[decedent] and Ellizzette Duvall Minicelli [sic].” Shawn attached three documents to his 

motion: (1) a certified copy of a “Certification of Marriage” between decedent and “Ellizzette 

Duvall Minnicelli” issued by the clerk of Edgar County, Illinois; (2) a certified copy of a 

“Marriage License” for decedent and “Ellizzette Duvall Minnicelli” issued by the clerk of 

Edgar County, Illinois; and (3) a certified copy of a “Marriage Application and Record” issued 

by the clerk of Edgar County, Illinois. On November 30, 2018, the trial court entered an order 

granting Shawn’s motion for judicial notice.

¶ 27 On April 15, 2019, the trial court entered an order setting the matter for trial over several 

dates beginning on November 18, 2019.

¶ 28 H. Ellizzette’s Counsel’s Motion to Withdraw

¶ 29 On September 12, 2019, Ellizzette’s counsel moved to withdraw. The trial court granted 

counsel’s motion in an order dated September 18, 2019. The same order further provided that 

(1) Ellizzette would have 21 days “to find other counsel and/or file a [s]ubstitute [a]ppearance,” 

(2) the scheduled November 18, 2019, trial date would stand, and (3) all pending motions and 

status of counsel would be continued to October 23, 2019.

¶ 30 I. Shawn’s Motion In Limine

¶ 31 On October 16, 2019, Shawn filed a “Motion In Limine” seeking to bar Ellizzette from 

testifying or presenting any evidence as to any marital relationship she had with decedent. 

Citing Laurence v. Laurence, 164 Ill. 367 (1896), In re Estate of Diak, 70 Ill. App. 2d 1 (1966), 

and In re Estate of Enoch, 52 Ill. App. 2d 39 (1964), Shawn alleged that the admission of such 

testimony would violate the Dead Man’s Act (735 ILCS 5/8-201 (West 2016)).

¶ 32 On October 23, 2019, Ellizzette filed an appearance on her own behalf. A week later, 

Ellizzette filed a response to Shawn’s motion in limine. Ellizzette argued, inter alia, that the 

“plain text” of section 8-201(d) of the Dead Man’s Act provides that “[n]o person shall be 

barred from testifying as to any fact relating to the heirship of a decedent.” 735 ILCS 5/8-

201(d) (West 2016). Ellizzette contended that, because her testimony would “relate to facts 
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surrounding the heirship of [decedent], this testimony falls precisely within the exception 

carved out within the Dead Man’s Act itself.” Ellizzette therefore contended that her testimony 

as to her marriage to decedent, which would directly relate to heirship, should not be barred.

¶ 33 On November 13, 2019, following oral argument by the parties, the trial court granted 

Shawn’s motion in limine. The court explained that “Illinois law says that the spouse cannot 

testify as to heirship, and there’s cases cited, and they weren’t responded to.” That same day, 

the trial court entered a written order in accordance with its oral finding, granting Shawn’s 

motion in limine and barring Ellizzette from “testifying regarding her putative marriage to the 

decedent or regarding the decedent’s heirship.”

¶ 34 J. Ellizzette’s Motion for Continuance

¶ 35 At the hearing on November 13, 2019, the court asked Ellizzette if she would be ready for 

trial on November 18, 2019. Ellizzette responded that she would not be ready but stated that 

she was aware that “that’s the date” and that she was “not looking to *** waste the Court’s 

time.” She further informed the court that she would be present on November 18 “if [she is] 

expected to be [in court].”

¶ 36 At 3:49 a.m. on November 18, 2019, Ellizzette filed a “Motion for Continuance” seeking 

to continue the trial to December 3, 2019, or later. In the motion, Ellizzette alleged that she 

had good cause for requesting an extension, because (1) her father had been hospitalized in 

Arizona and declared “end of life”; (2) her mother, whom she categorized as a “key witness,” 

would be unable to attend the trial due to the status of Ellizzette’s father; (3) Ellizzette’s 

attorneys withdrew from the case due to the “high outstanding balance” of attorney fees that 

Ellizzette was unable to pay, because she was involved in an automobile accident that resulted 

in significant out-of-pocket medical expenses; and (4) Ellizzette was unable to obtain the 

testimony of two key witnesses. Ellizzette also asserted that she had paid the outstanding 

balance owed to her prior attorneys and requested that they be allowed to reenter an appearance 

on her behalf. The trial court denied the motion for a continuance.

¶ 37 K. Trial

¶ 38 The matter proceeded to trial on Ellizzette’s petition, with the evidence centered on the 

validity of Ellizzette’s marriage to decedent. In accordance with the trial court’s ruling on 

Shawn’s motion in limine, Ellizzette did not testify. However, Ellizzette called three witnesses

in her case-in-chief: Diane Boyer, Dr. Visar Belegu, and Ray Bement.

¶ 39 Boyer testified that she was involved in the preparations for Ellizzette’s and decedent’s 

marriage and observed Ellizzette and decedent interacting with each other every week in 2017. 

Boyer also opined that Ellizzette and decedent were happily living together.

¶ 40 Dr. Belegu, a colleague of decedent, testified that he was aware that Ellizzette and decedent 

had married. Dr. Belegu further testified that he had contact with decedent two or three times 

a week in 2017. In Dr. Belegu’s opinion, decedent was happily married. On cross-examination, 

Dr. Belegu testified that he was not present at any marriage ceremony between Ellizzette and 

decedent and that he was not aware of any witnesses to the marriage.

¶ 41 Bement testified that he met Ellizzette and decedent in 1982. In 2017, Bement learned that 

Ellizzette and decedent were engaged. Bement participated in preparations for a marriage 

ceremony between Ellizzette and decedent. To that end, on July 11, 2017, Bement performed 
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Ellizzette’s and decedent’s marriage ceremony in the participants’ home in Paris, Edgar 

County, Illinois. Bement further testified that he signed the marriage certificate in the kitchen 

of Ellizzette’s and decedent’s home in Paris. After Bement signed the marriage certificate, he, 

Ellizzette, and decedent went to Allerton Park in Monticello (Piatt County) for an additional 

“more secular” ceremony. Bement also stated that he attended a Ketubah signing on July 10, 

2017, at Ellizzette and decedent’s home in Paris. Bement explained that a Ketubah is “like 

what Christians would call a marriage license” and states what each party will bring to the 

relationship. Following the marriage, Bement interacted with Ellizzette and decedent on 

professional and personal bases.

¶ 42 On cross-examination, Bement testified that it was his idea to be the officiant at Ellizzette 

and decedent’s marriage ceremony. He obtained a certificate to become an officiant from an 

online ministry in a process that took between 5 and 10 minutes. The following exchange then 

ensued between Shawn’s counsel, Bement, Ellizzette, and the trial court:

“Q. And the marriage ceremony, as you testified on direct, the secular marriage 

ceremony was conducted in Piatt County; is that a fair statement?

A. Yes.

* * *

[ELLIZZETTE]: Objection, Your Honor. Mr. Bement also testified earlier that he 

performed a marriage ceremony at our home in Paris.

[SHAWN’S COUNSEL]: His testimony according to my notes was that the secular 

part of the marriage was conducted in Piatt County. That’s what he testified to.

THE COURT: All right. You’ll be able to redirect questions, so overruled.”

Bement further testified that the only people present for the Piatt County ceremony were 

decedent and Ellizzette.

¶ 43 On redirect examination, Bement reiterated that he signed the marriage certificate in the 

kitchen of Ellizzette and decedent’s house in Paris, Edgar County, Illinois.

¶ 44 Following Bement’s testimony, Ellizzette stated that she had no other witnesses. Shawn’s

counsel then orally moved for a directed finding on the issue of the validity of the marriage. 

Counsel advanced several grounds for his position. First, he asserted that the best evidence of 

the existence of a marriage is the marriage certificate itself but that “[t]hey haven’t produced 

any documents with respect to that.” Second, counsel asserted that “[t]he case law in Illinois” 

requires two witnesses to a marriage but that Bement “conducted a secular proceeding in Piatt 

County apparently with no witnesses.” Third, counsel posited that, before a marriage where 

one of the participants is a ward of the court, the Probate Act requires the court to conduct a 

best-interest hearing. Counsel noted that, although decedent was a ward of the court, no hearing 

was ever held to determine if the marriage was in decedent’s best interest. Fourth, counsel 

maintained that marriage is a “civil contract” and the Probate Act prohibits a ward of the court 

from entering into a contract with any other person. Accordingly, Shawn requested that the 

trial court dismiss Ellizzette’s claim that she is decedent’s heir.

¶ 45 Ellizzette responded that she and decedent “followed the rules according to the Edgar 

County circuit clerk.” Specifically, they “produced the documentation [they] were required to 

produce,” “filled out the application,” and “waited for [the circuit clerk] to contact [them] and 

tell [them] that [their] marriage application for a license had been granted.” Subsequently, 
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Ellizzette and decedent “had an interfaith marriage ceremony in Edgar County, Illinois, in 

Paris, in [her] home” and “a religious celebration in Monticello.”

¶ 46 In reply, Shawn’s counsel asserted that Ellizzette did not refute any of the arguments he 

previously made with respect to the validity of the marriage. Counsel further stated that, if 

Ellizzette wanted to prove the validity of her purported marriage to decedent,

“all [she] had to do is prove the marriage certificate, and the reason [she] didn’t is 

because [she] know[s] [she] can’t. [She] didn’t bring the marriage certificate in here. 

[She] didn’t bring the application. [She] didn’t bring the license in here. You should 

ask yourself why [she] didn’t do that.”

Ellizzette responded that, prior to Shawn’s counsel’s involvement in the case, her attorney 

produced a marriage license application and a marriage certificate and an individual “came to 

the Court to represent that she had issued the marriage certificate license in Edgar County.”

¶ 47 L. Trial Court’s Ruling on the Motion for a Directed Finding

¶ 48 The trial court granted Shawn’s motion for a directed finding. The court ruled that to 

present a prima facie case on the validity of her marriage to decedent, Ellizzette had to present 

a valid application for a marriage license and evidence of a ceremony performed in Edgar 

County and witnessed by two individuals. The court found, as a matter of law, that Ellizzette 

“did not present a prima facie case of a valid marriage ceremony under the circumstances such 

as would be sufficient to meet her burden of proof on all of the elements.” The court stated that 

“[i]t would have been simple to present the evidence of a marriage license and certificate and 

application and have some witness testify about that, but that was not done.” In ruling, the 

court further stated:

“And while it is not as clear as [Shawn’s counsel] presents as to the case law 

precedents—and in that I’m referring to the arguments that [Ellizzette] had when she 

was represented by counsel during motion practice on a motion for judgment on the 

pleadings—it is clear that there was an order finding and adjudicating Decedent as a 

disabled person and in immediate need of a plenary guardianship and that there was no 

best-interest hearing held; that the punitive [sic] marriage was not known to the 

Administrator until November 2017; and that the marriage was not properly witnessed 

or licensed or subject to a best-interest determination by the probate court.”

The trial court made a finding pursuant to Illinois Supreme Court Rule 304(a) (eff. Mar. 8, 

2016) that there was no just reason to delay appeal. On December 18, 2019, Ellizzette filed a 

notice of appeal.

¶ 49 III. ANALYSIS

¶ 50 On appeal, Ellizzette raises five principal issues, which we address as follows. First, she 

argues that the trial court erred when it appointed Shawn as the administrator of decedent’s 

estate, because she was not provided with the statutorily required notice. Second, she maintains 

that the trial court erred in denying her motion for a continuance. Third, she asserts that the 

trial court erred in denying her motion for judgment on the pleadings. Fourth, she argues that 

the trial court committed reversible error in barring her from testifying regarding her marriage 

and heirship. Finally, she contends that the trial court erred in granting Shawn’s motion for a 
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directed finding.

¶ 51 A. Notice

¶ 52 As her initial assignment of error, Ellizzette contends that the trial court erred “when it 

granted Shawn’s petition [for letters of administration] without any notice to [her], declared 

that [she] is not [decedent’s] heir, and thus necessarily declared their marriage invalid.” 

Ellizzette has failed to provide an adequate record to address this claim.

¶ 53 As noted above, on December 19, 2017, the trial court entered orders appointing Shawn as 

the administrator of decedent’s estate and declaring heirship. The order appointing Shawn as 

the administrator of decedent’s estate states that “due notice has been given to all parties 

according to law.” On January 17, 2018, Ellizzette filed her motion to vacate the order 

appointing Shawn as the administrator of the estate and the order of heirship. The arguments 

in Ellizzette’s motion and her reply to Shawn’s responses thereto are nearly identical to the 

arguments she now raises on appeal and are grounded on the premise that she was not provided 

the statutorily required notice. Shawn did not dispute that Ellizzette was not provided notice 

of his petition for letters of administration, but he argued that notice to Ellizzette was not 

required because she was not decedent’s heir. The trial court held a hearing on the motion on 

April 18, 2018, and denied it the same day.

¶ 54 Although not captioned as such, Ellizzette’s argument on appeal is essentially a challenge 

to the trial court’s denial of her motion to vacate the order appointing Shawn as the 

administrator of the estate and the order of heirship. However, our ability to review this issue 

for error is hampered by the lack of either a transcript from the April 18, 2018, hearing on 

Ellizzette’s motion or an acceptable substitute. See Ill. S. Ct. R. 323 (eff. July 1, 2017) 

(allowing for a bystander’s report or an agreed statement of facts). As the appellant, Ellizzette 

has the burden to present this court with a sufficiently complete record on appeal. In re 

Marriage of Gulla, 234 Ill. 2d 414, 422 (2009); Webster v. Hartman, 195 Ill. 2d 426, 432 

(2001). As our supreme court has stated, “[a]n issue relating to a circuit court’s factual findings 

and basis for its legal conclusions obviously cannot be reviewed absent a report or record of 

the proceeding.” (Internal quotation marks omitted.) In re Marriage of Gulla, 234 Ill. 2d at 

422; see also Corral v. Mervis Industries, Inc., 217 Ill. 2d 144, 156 (2005) (stating that any 

issue relating to the court’s factual findings and the basis for its legal conclusions cannot be 

reviewed without a record of that proceeding). Accordingly, absent an adequate record 

preserving the claimed error, a reviewing court must presume that the circuit court’s action had 

a sufficient factual basis and that it conformed with the law. In re Marriage of Gulla, 234 Ill. 

2d at 422; Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). Accordingly, we presume that 

the trial court’s ruling on the motion to vacate conformed with the law.

¶ 55 We also observe that, despite the trial court’s decision to deny Ellizzette’s motion to vacate, 

it entered an order allowing her to file a petition for letters of administration and an affidavit 

of heirship pursuant to section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)). In fact, 

Ellizzette filed a petition for letters of administration and an affidavit of heirship, asserting that 

she is decedent’s surviving spouse and sole heir. The trial court held a hearing on Ellizzette’s 

pleadings. Thus, Ellizzette was given an opportunity to address her claim that she is decedent’s 

sole surviving spouse and only heir. Given these circumstances, we fail to see how Ellizzette 

was prejudiced by any lack of notice.
- 11 -

¶ 56 B. Continuance

¶ 57 Ellizzette also claims that the trial court erred in denying her motion for a continuance, 

made on the day of trial. To place Ellizzette’s argument in context, we briefly review the 

circumstances surrounding the motion.

¶ 58 On April 15, 2019, the trial court entered an order setting the matter for trial on November 

18, 2019. On September 12, 2019, Ellizzette’s counsel moved to withdraw. The trial court 

granted counsel’s motion in an order dated September 18, 2019. The September 18, 2019, order 

also (1) granted Ellizzette 21 days “to find other counsel and/or file a Substitute Appearance,” 

(2) provided that the November 18, 2019, trial date would stand, and (3) continued the matter

to October 23, 2019, on all pending motions and status of counsel. At the hearing on October 

23, 2019, Ellizzette filed an appearance on her own behalf. During that hearing, the matter was 

continued to November 13, 2019.

¶ 59 At the hearing on November 13, 2019, Ellizzette informed the court that she intended to 

call several witnesses at the trial on November 18, including her mother, Patrick Rummerfield, 

Dr. Belegu, Eric Westacott, and Bement. Ellizzette stated that she would not be calling her 

father “because of his illness.” She also stated that “[t]hree days ago,” i.e., November 10, 2019, 

her father had been declared “end of life” and that he “could die at any day now per the 

doctors.” Prior to the conclusion of the hearing on November 13, the following colloquy took 

place between the trial court and Ellizzette:

“THE COURT: Are we ready to go? Are you ready to go then on Monday morning 

[November 18] at 9:00 with your witnesses?

[ELLIZZETTE]: Um, I would—to answer your question right now, no. I’m not 

ready at this moment, Your Honor. I’m telling you the truth. I’m not ready at this 

moment because of some of those things. I don’t want to—but I do know that’s the 

date, and I’m not looking to—again, I’m not looking to, um waste the Court’s time.

THE COURT: But you are going to be here on Monday then—

[ELLIZZETTE]: Yes, sir.

THE COURT: —to proceed?

[ELLIZZETTE]: Oh, I will be here if I’m expected to be here, Your Honor.”

¶ 60 At 3:49 a.m. on November 18, 2019, Ellizzette filed a “Motion for Continuance” seeking 

to continue the trial to December 3, 2019, or later. In the motion, Ellizzette alleged that she 

had good cause for requesting an extension because (1) her father had been hospitalized in 

Arizona and declared “ ‘end of life’ Saturday, December 16, 2019 [sic]”;3 (2) her mother, 

whom Ellizzette described as a “key witness,” would be unable to attend the trial due to the 

health status of Ellizzette’s father; (3) her attorneys withdrew from the case due to the “high 

outstanding balance” of fees that Ellizzette was unable to pay, because she was involved in an 

automobile accident that resulted in significant out-of-pocket medical expenses; (4) she was 

unable to obtain the testimony of two “primary witnesses,” Rummerfield and Westacott; and 

(5) she was unable to “liaise with her Counsel and take up Pro Se representation within the 60-

day trial window,” given “the substantial health limitations over the past several months.” 

3

In her November 18, 2019, motion, Ellizzette represented that her father had been declared “ ‘end 

of life’ Saturday, December 16, 2019.” We presume that Ellizzette meant to state that her father was 

declared “end of life” on Saturday, November 16, 2019, and not on some future date.
- 12 -

Ellizzette also represented that she had reconciled the outstanding balance owed to her prior

attorneys and requested that they be allowed to reenter an appearance on her behalf.

¶ 61 At a hearing on Ellizzette’s motion for a continuance on November 18, 2019, the trial court, 

after hearing argument from the parties, denied the motion. The court cited (1) a lack of due 

diligence on Ellizzette’s part in presenting the motion or obtaining the testimony of 

Rummerfield and Westacott and (2) Ellizzette’s failure to show that the testimony of the 

witnesses referenced in her motion would be material to the issues in the case. In response to 

Ellizzette’s concern regarding her father’s health, the court stated, “If you have another reason 

for a continuance during the trial, then you’ll bring it up at that point.” The court then asked 

Ellizzette if she were prepared to proceed. Ellizzette responded that she “would like to proceed 

with the provision that, God forbid something happens, the court would consider an 

emergency.”

¶ 62 A litigant does not have an absolute right to a continuance. In re Marriage of LaRocque, 

2018 IL App (2d) 160973, ¶ 94. Continuances are within the sound discretion of the trial court. 

Doe v. Parrillo, 2020 IL App (1st) 191286, ¶ 39; see also 735 ILCS 5/2-1007 (West 2016) 

(providing that “[o]n good cause shown, in the discretion of the court and on just terms, 

additional time may be granted for the doing of any act or the taking of any step or proceeding 

prior to judgment”). A critical factor in the review of such rulings is whether the moving party 

has exercised due diligence in proceeding with the case. Somers v. Quinn, 373 Ill. App. 3d 87, 

96 (2007). Moreover, once a cause has proceeded to trial, a motion for a continuance should 

show sufficient excuse for the delay, and the movant should present especially grave reasons 

to support his or her request. Ill. S. Ct. R. 231(f) (eff. Jan. 1, 1970) (“No motion for the 

continuance of a cause made after the cause has been reached for trial shall be heard, unless a

sufficient excuse is shown for the delay.”); Teitelbaum v. Reliable Welding Co., 106 Ill. App. 

3d 651, 656 (1982) (“The moving party must give especially grave reasons for continuance 

once a case has reached the trial stage because of the potential inconvenience to the witnesses, 

the parties and to the court.”). The decision to grant or deny a trial continuance will not be 

disturbed on appeal “unless it has resulted in a palpable injustice or constitutes a manifest abuse 

of discretion.” (Internal quotation marks omitted.) Doe, 2020 IL App (1st) 191286, ¶ 39. An 

abuse of discretion occurs where the trial court’s decision is arbitrary, fanciful, or unreasonable 

or where no reasonable person would agree with the position taken by the trial court. Control 

Solutions, LLC v. Elecsys, 2014 IL App (2d) 120251, ¶ 38.

¶ 63 Ellizzette argues that the trial court erred when it denied her motion for a continuance, 

made on the day of trial. In her motion, Ellizzette cited five principal reasons for requesting a 

continuance. On appeal, however, Ellizzette focuses on just two of those reasons—her father’s 

illness and her attorneys’ withdrawal. Ellizzette’s failure to argue the three remaining grounds 

set forth in her motion results in the forfeiture of those bases on appeal. See Ill. S. Ct. R. 

341(h)(7) (eff. May 25, 2018) (providing that points not argued are forfeited and shall not be 

raised in the reply brief, in oral argument, or on petition for rehearing); BAC Home Loans 

Servicing, LP v. Mitchell, 2014 IL 116311, ¶ 23 (holding that an appellant’s failure to argue a 

point in the opening brief results in forfeiture). Moreover, after reviewing the record, we find 

nothing that would justify a conclusion that the trial court abused its discretion in denying her 

motion for a continuance on either of the two bases she advances in this appeal.

¶ 64 With respect to her father’s illness, Ellizzette asserted at the hearing on her motion that her 

father had been hospitalized and declared “end of life” on November 16, 2019, just two days 
- 13 -

earlier. However, this statement is contradicted by an affirmation Ellizzette previously made 

to the trial court. Notably, at the hearing on November 13, 2019, Ellizzette told the court that 

three days prior, i.e., November 10, 2019, her father had been declared “end of life” and that 

he “could die at any day now per the doctors.” Ellizzette could have moved for a continuance 

at that time but did not. To the contrary, she informed the trial court at the November 13, 2019, 

hearing that she did not want to waste the court’s time and that she would be present for the 

trial on November 18, 2019. She then waited until 3:49 a.m. on the day of trial to inform the 

court that she had changed her mind and wanted to have the trial postponed. Given these 

circumstances, the trial court could reasonably conclude that Ellizzette did not show due 

diligence in waiting until the day of trial to file her motion for a continuance. Therefore, the 

trial court did not abuse its discretion in rejecting this basis for the motion.

¶ 65 Ellizzette also argues that the withdrawal of her attorneys before trial “placed her in a 

difficult position, which she sought to remedy by obtaining counsel who *** could have 

refuted the fundamentally flawed legal arguments Shawn presented.” In addressing this issue, 

Thomas v. Thomas, 23 Ill. App. 3d 936 (1974), is instructive. In that case, the plaintiff’s 

attorney moved to withdraw from the case, serving notice of his intention on July 5, 1973. The 

plaintiff appeared at a hearing on July 12, at which the trial court advised her that she should 

obtain counsel for the trial scheduled for July 17 but that she could file for a continuance if she 

felt that she would need more time. The plaintiff indicated that she would have counsel for 

trial, and no continuance was requested. On July 17, for the first time, the plaintiff moved for 

a continuance because she lacked counsel. The trial court denied the motion. In affirming, the 

reviewing court observed that the absence of counsel is one factor to consider in deciding a 

motion to continue but that “it does not entitle a party to a continuance as a matter of right.” 

Thomas, 23 Ill. App. 3d at 940-41 (citing Adcock v. Adcock, 339 Ill. App. 543, 548 (1950)). 

The court determined that the lack of counsel “could have been avoided by [the plaintiff’s] 

own diligence in either securing a lawyer for trial, or requesting a continuance prior to the day 

of trial.” Thomas, 23 Ill. App. 3d at 940. The court further determined that the 12 days between 

when counsel served notice of his intent to withdraw and the date of the trial provided the 

plaintiff with “ample opportunity to extend the time for trial in order to obtain counsel.” 

Thomas, 23 Ill. App. 3d at 940-41. Accordingly, the court concluded that the trial court 

properly exercised its judicial discretion in denying the motion for a continuance. Thomas, 23 

Ill. App. 3d at 941.

¶ 66 In the present case, Ellizzette had substantially more time to request a continuance to obtain 

substitute counsel than the plaintiff had in Thomas. In this regard, we note that Ellizzette’s 

counsel moved to withdraw on September 12, 2019. The motion indicates that Ellizzette was 

notified by both e-mail and certified mail to her last known addresses. The trial court entered 

an order on September 18, 2019, granting the motion to withdraw, providing Ellizzette with 

21 days to find other counsel and file a substitute appearance, and confirming the scheduled 

trial date of November 18, 2019. Ellizzette was provided notice of the order granting the 

withdrawal by certified mail at the same addresses to which the motion to withdraw was sent. 

The record reflects that Ellizzette did not take any action until October 23, 2019, when she 

filed an appearance on her own behalf. Further, at no time between October 23 and November

18, 2019, did Ellizzette move the court to retain substitute counsel. In other words, Ellizzette 

had 68 days between when counsel served notice of their intent to withdraw and the date of 

the trial to secure substitute counsel or request a continuance. Yet, she did not take any action 
- 14 -

until the day of trial. Given these circumstances, the trial court could reasonably conclude that 

Ellizzette did not show due diligence in waiting until the day of trial to file her motion for a 

continuance. Therefore, the trial court did not abuse its discretion in rejecting this basis for the 

motion.

¶ 67 In short, there was sufficient time for Ellizzette to appear before the court to present a 

motion for a continuance prior to the date of the trial. Ellizzette, however, waited until the day 

of trial to move for a continuance. Under these circumstances, the trial court could have 

reasonably concluded that Ellizzette failed to show due diligence in pursuing her motion for a 

continuance. Accordingly, the trial court did not abuse its discretion in denying Ellizzette’s 

motion for a continuance, filed on the day of trial.

¶ 68 C. Judgment on the Pleadings

¶ 69 Next, Ellizzette argues that the trial court erred when it denied her motion for judgment on 

the pleadings. Section 2-615(e) of the Code of Civil Procedure (Code) (735 ILCS 5/2-615(e) 

(West 2016)) provides that “[a]ny party may seasonably move for judgment on the pleadings.” 

A motion for judgment on the pleadings is like a motion for summary judgment but is limited 

to the pleadings. Perry v. Fidelity National Title Insurance Co., 2015 IL App (2d) 150168, ¶ 9. 

Thus, a judgment on the pleadings is proper only when the pleadings disclose no genuine issue 

of material fact and the movant is entitled to judgment as a matter of law. Gillen v. State Farm 

Mutual Automobile Insurance Co., 215 Ill. 2d 381, 385 (2005); St. Paul Fire & Marine 

Insurance Co. v. City of Waukegan, 2017 IL App (2d) 160381, ¶ 25. In ruling on a motion for 

judgment on the pleadings, the court considers only those facts apparent from the face of the 

pleadings, matters subject to judicial notice, and judicial admissions in the record. Gillen, 215 

Ill. 2d at 385; St. Paul Fire & Marine Insurance Co., 2017 IL App (2d) 160381, ¶ 25. A party 

moving for judgment on the pleadings concedes the truth of the well-pled facts in the 

nonmovant’s pleadings. Allstate Property & Casualty Insurance Co. v. Trujillo, 2014 IL App 

(1st) 123419, ¶ 16. The court deciding the motion must take all reasonable inferences from 

those facts as true, disregard all conclusory allegations and surplusage, and construe the 

evidence strictly against the movant. Parkway Bank & Trust Co. v. Meseljevic, 406 Ill. App. 

3d 435, 442 (2010). We review de novo a trial court’s ruling on a motion for judgment on the 

pleadings. State Bank of Cherry v. CGB Enterprises, Inc., 2013 IL 113836, ¶ 65.

¶ 70 Ellizzette contends that the facts apparent from the face of the pleadings and the judicial 

admissions of Shawn establish that she was entitled to judgment on the pleadings without the 

need for a trial. Specifically, Ellizzette asserts that, in her petition for letters of administration 

and affidavit of heirship, she pleaded that she is decedent’s surviving spouse and his sole heir. 

Ellizzette further asserts that Shawn failed to deny these allegations in his response to her 

pleadings and that, as a result, the allegations in her pleadings must be taken as true. See 735 

ILCS 5/2-610(b) (West 2016) (“Every allegation *** not explicitly denied [in an answer] is 

admitted ***.”). As additional support for her position, Ellizzette asserts that Shawn, in his 

verified petition for declaration of invalidity of marriage, admitted that she and decedent 

“participated in a marriage ceremony” on July 11, 2017, and that he attached thereto a copy of 

the certification of marriage. Ellizzette acknowledges that Shawn later filed a notice that he 

was voluntarily withdrawing his petition for declaration of invalidity of marriage but contends 

that Shawn remained bound thereby, because he did not allege that these “judicial admissions 

*** were the result [of] mistake or inadvertence.” See In re Marriage of O’Brien, 247 Ill. App. 
- 15 -

3d 745, 749 (1993). Ellizzette concludes that, because Shawn’s response to her petition for 

letters of administration and affidavit of heirship “did not set up a defense that would entitle 

him to a merits hearing,” the trial court erred when it denied her motion for judgment on the 

pleadings. We disagree.

¶ 71 As noted above, in ruling on a motion for judgment on the pleadings, the court considers 

the facts apparent from the face of the pleadings, matters subject to judicial notice, and judicial 

admissions in the record. Gillen, 215 Ill. 2d at 385; St. Paul Fire & Marine Insurance Co., 

2017 IL App (2d) 160381, ¶ 25. Illinois courts recognize that documents containing readily 

verifiable facts from sources of indisputable accuracy may be judicially noticed. People v. 

Davis, 65 Ill. 2d 157, 165 (1976); Centeno v. Illinois Workers’ Compensation Comm’n, 2020 

IL App (2d) 180815WC, ¶ 39; City of Centralia v. Garland, 2019 IL App (5th) 180439, ¶ 10. 

Public documents that are included in the records of courts and administrative tribunals are 

subject to judicial notice. People v. Ernest, 141 Ill. 2d 412, 428 (1990); Centeno, 2020 IL App 

(2d) 180815WC, ¶ 39; Palos Bank & Trust Co. v. Illinois Property Tax Appeal Board, 2015 

IL App (1st) 143324, ¶ 11 n.2; People v. Rubalcava, 2013 IL App (2d) 120396, ¶ 31; Curtis v. 

Lofy, 394 Ill. App. 3d 170, 172 (2009); NBD Highland Park Bank, N.A. v. Wien, 251 Ill. App. 

3d 512, 520-21 (1993); In re McDonald, 144 Ill. App. 3d 1082, 1085 (1986).

¶ 72 Ellizzette’s position ignores that the trial court was entitled to take judicial notice of its 

own files and records. See Palos Bank & Trust Co., 2015 IL App (1st) 143324, ¶ 11 n.2. 

Likewise, this court may take judicial notice of the trial court’s file. People v. Fields, 2020 IL 

App (1st) 151735, ¶ 58; People v. Alvarez-Garcia, 395 Ill. App. 3d 719, 726-27 (2009). In this 

case, the trial court’s file demonstrates that in December 2017 Shawn filed a petition for letters 

of administration and affidavit of heirship. In the affidavit of heirship, Shawn stated as follows. 

He was appointed the plenary guardian of the person and estate of decedent on May 30, 2017. 

Decedent was survived by his parents and his three siblings. Decedent had been married “once 

and only once and then to Debbie Greene McDonald,” with said marriage ending in divorce 

sometime prior to 2012. Although decedent “participated in a wedding ceremony with 

Ellizzette Duvall Minnicelli” on July 11, 2017, the marriage was void ab initio because 

decedent lacked the capacity to consent to the marriage. The trial court’s file further 

demonstrates that on December 19, 2017, the trial court entered (1) an order appointing Shawn 

as the independent administrator of decedent’s estate and (2) an order declaring heirship, which 

designated decedent’s parents and his three siblings as his only heirs. The facts that decedent’s 

parents and his three siblings were named as his only heirs and that Shawn was appointed as 

the independent administrator of decedent’s estate were subject to judicial notice, as they were 

readily verifiable. See In re Linda B., 2017 IL 119392, ¶ 31 n.7 (“Public documents, such as 

those included in the records of other courts and administrative tribunals, fall within the 

category of ‘readily verifiable’ facts capable of instant and unquestionable demonstration of 

which a court may take judicial notice.”); Centeno, 2020 IL App (2d) 180851WC, ¶ 39 

(holding that the Illinois Workers’ Compensation Commission properly considered arbitrator 

decision and transcript from another case, as such information was “readily verifiable and 

aided in the efficient disposition of the case”). Accordingly, considering the facts apparent 

from the face of the pleadings, matters subject to judicial notice, and any judicial admissions, 

the record shows that there remained a genuine issue of material fact as to Ellizzette’s status 

as decedent’s surviving spouse and sole heir. See In re Estate of Davis, 225 Ill. App. 3d at 1000 

(“On a motion for judgment on the pleadings, if the pleadings put in issue one or more material 
- 16 -

facts, evidence must be taken to resolve such issues, and judgment may not be entered on the 

pleadings.”). In light of the foregoing, we therefore conclude that the trial court did not err in 

denying Ellizzette’s motion for judgment on the pleadings.

¶ 73 D. Dead Man’s Act

¶ 74 Ellizzette next argues that the trial court committed reversible error in granting Shawn’s 

motion in limine, which barred her from testifying, under the Dead Man’s Act (735 ILCS 5/8-

201 (West 2016)), as to her marriage and heirship.

¶ 75 As noted above, Shawn filed a motion in limine seeking to bar Ellizzette from testifying or 

presenting any evidence as to any marital relationship she allegedly had with decedent. Citing 

Laurence, 164 Ill. 367, In re Estate of Diak, 70 Ill. App. 2d 1, and In re Estate of Enoch, 52 

Ill. App. 2d 39, Shawn alleged that such testimony would violate the Dead Man’s Act (735 

ILCS 5/8-201 (West 2016)). In her response to Shawn’s motion, Ellizzette argued, inter alia, 

that the “plain text” of subsection (d) of the Dead Man’s Act provides that “[n]o person shall 

be barred from testifying as to any fact relating to the heirship of a decedent.” 735 ILCS 5/8-

201(d) (West 2016). Ellizzette contended that, because her testimony would “relate to facts 

surrounding the heirship of [decedent], this testimony falls precisely within the exception 

carved out within the Dead Man’s Act itself.” Therefore, Ellizzette urged the trial court to deny 

Shawn’s motion. Following the parties’ argument on the motion, the trial court granted 

Shawn’s motion. The court reasoned that “Illinois law says that the spouse cannot testify as to 

heirship, and there’s cases cited, and they weren’t responded to.” Thereafter, the trial court 

entered a written order in accordance with its oral finding, barring Ellizzette from “testifying 

regarding her putative marriage to the decedent or regarding the decedent’s heirship.”

¶ 76 On appeal, Ellizzette, relying principally on In re Estate of Bailey, 97 Ill. App. 3d 781 

(1981), argues that the legislature expressly enacted subsection (d) of the Dead Man’s Act (735 

ILCS 5/8-201(d) (West 2016)) to overrule the authority Shawn cited in his motion in limine. 

She therefore contends that the trial court committed reversible error in barring her from 

testifying about her marriage and heirship. Shawn responds that the trial court’s decision to 

grant his motion in limine was proper because it relied on Illinois Supreme Court precedent, 

Laurence, 164 Ill. 367, which he claims remains good law and prohibits a spouse from 

testifying in an heirship proceeding. Further, Shawn maintains that, even if it was improper for 

the trial court to bar Ellizzette from testifying, she failed to preserve the issue for review by 

making an offer of proof as to her testimony. We review evidentiary rulings for an abuse of 

discretion but interpretations of statutes de novo. See Gunn v. Sobucki, 216 Ill. 2d 602, 609 

(2005). Additionally, a trial court’s ruling on an issue involving the Dead Man’s Act will not 

be reversed unless the error was substantially prejudicial and affected the outcome of the trial. 

People v. $5,608 United States Currency, 359 Ill. App. 3d 891, 895 (2005).

¶ 77 We begin our analysis with a review of Laurence, 164 Ill. 367. In that case, the decedent 

died intestate. The plaintiff, the decedent’s putative wife, petitioned the court for half of the 

decedent’s estate. The trial court allowed the plaintiff to testify at trial as to her alleged 

marriage to the decedent. After considering the evidence presented at the trial, the court 

concluded that the plaintiff was the lawful widow of the decedent and was therefore entitled to 

share in his estate. On appeal, the defendants argued that the trial court erred in permitting the 

plaintiff to testify on her own behalf. In support of their position, the defendants relied on 

section 2 of the Evidence and Depositions Act (Ill. Ann. Stat., ch. 51, ¶ 2 (Starr & Curtis 
- 17 -

1896)), commonly referred to as the Dead Man’s Act (see Adrienne D. Whitehead, New Life 

to the Dead Man’s Act in Illinois, 5 Loy. U. Chi. L.J. 428 (1974)). At the time of the Laurence 

decision, the statute provided:

“ ‘[N]o party to any civil action, suit or proceeding, or person directly interested in the 

event thereof, should be allowed to testify therein of his own motion or in his own 

behalf, by virtue of the foregoing section, when any adverse party sues or defends as 

the *** heir *** of any deceased person, *** unless when called as a witness by such 

adverse party so suing or defending.’ ” Laurence, 164 Ill. at 372 (quoting Ill. Ann. Stat., 

ch. 51, ¶ 2 (Starr & Curtis 1896)).

The supreme court reversed and remanded the matter, holding that the plaintiff’s testimony 

should have been excluded. Laurence, 164 Ill. at 373. The court explained that the plaintiff 

“was not an heir until she established the marriage which she alleged and which was denied by 

the heirs, and until such marriage was established by proof or conceded she was a stranger to 

the estate and incompetent to testify, and the court erred in permitting her to do so.” Laurence, 

164 Ill. at 373.

¶ 78 In 1973, the Dead Man’s Act as it then existed was repealed and replaced. In re Estate of 

Babcock, 105 Ill. 2d 267, 272 (1985); Whitehead, supra, at 428. In its current form, the Dead 

Man’s Act reads in pertinent part as follows: 

“In the trial of any action in which any party sues or defends as the representative of a 

deceased person or person under a legal disability, no adverse party or person directly 

interested in the action shall be allowed to testify on his or her own behalf to any 

conversation with the deceased or person under legal disability or to any event which 

took place in the presence of the deceased or person under legal disability, except in 

the following instances:

* * *

(d) No person shall be barred from testifying as to any fact relating to the heirship 

of a decedent.” 735 ILCS 5/8-201 (West 2016).

As the Babcock court noted, the successor version of the Dead Man’s Act is less restrictive 

than the prior version of the statute. In re Estate of Babcock, 105 Ill. 2d at 272. The Babcock

court explained:

“The successor act *** no longer bars all testimony by interested persons. Unlike 

the previous statute, the Act now disqualifies the testimony by interested persons only 

to the extent that the testimony would be to a ‘conversation with the deceased [or person 

under legal disability]’ or an ‘event which took place in the presence of the deceased 

[or person with a legal disability].’ ” In re Estate of Babcock, 105 Ill. 2d at 273 (quoting 

Ill. Rev. Stat. 1981, ch. 110, ¶ 8-201). 

We also observe that the successor statute provides several exceptions to its applicability, 

including subsection (d) (735 ILCS 5/8-201(d) (West 2016)), which is at issue in this case.

¶ 79 In In re Estate of Bailey, 97 Ill. App. 3d 781, the court had an opportunity to consider the 

effect of subsection (d). In that case, the petitioner, the putative wife of the decedent, brought 

an action to vacate the respondent’s appointment as the administrator of the decedent’s estate. 

At the trial on the matter, the respondent objected to the petitioner testifying about her marriage 

to the decedent. The respondent asserted that such testimony was barred by the Dead Man’s 

Act since the petitioner’s testimony was adverse to the admitted heirs. The trial court sustained 
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the objection, ruling that heirship must be proved by disinterested witnesses. On appeal, the 

petitioner argued that the trial court erred in barring her testimony. The reviewing court agreed. 

In re Estate of Bailey, 97 Ill. App. 3d at 783-84. In so holding, the court stated that the 

enactment by the legislature of subsection (d) in 1973 was “intended to change the rule of 

Laurence,” which the court termed “harsh.” In re Estate of Bailey, 97 Ill. App. 3d at 783-84. 

The court elaborated:

“The language of the amendment is reasonably clear, and no other purpose can be 

discerned in enacting the amendment. Respondent’s interpretation would read the 

general rule, that interested parties may not testify as to transactions which took place 

in the presence of decedent, into the exception contained in [subsection (d)]. Such an 

interpretation would render [subsection (d)] a nullity.” In re Estate of Bailey, 97 Ill. 

App. 3d at 784.

¶ 80 Further, the Bailey court “question[ed] whether a proceeding to establish the proper 

administrator of an estate is within the scope of the [Dead Man’s] Act.” In re Estate of Bailey, 

97 Ill. App. 3d at 784. The court explained:

“Such a proceeding does not directly reduce or impair the decedent’s estate. 

Application of the testimonial bar of the [Dead Man’s] Act to situations such as this 

leads to a race to the court house to be appointed or nominate an administrator. Once 

the appointment is made, any party wrongfully omitted from the selection must 

shoulder the onerous burden of proving heirship without the benefit of his own 

testimony.” In re Estate of Bailey, 97 Ill. App. 3d at 784.

As such, the reviewing court held that the petitioner should have been allowed to testify as to

her marriage to the decedent. In re Estate of Bailey, 97 Ill. App. 3d at 783-84.

¶ 81 Three years after Bailey was decided, the court in In re Estate of Hutchins, 120 Ill. App. 

3d 1084 (1984), also had occasion to consider the effect of subsection (d). At issue in Hutchins 

was whether certain purported heirs of the decedent were competent under the Dead Man’s 

Act to testify to their heirship of the decedent. The plaintiff argued that the trial court erred in 

allowing testimony from the purported illegitimate children of the decedent on the issue of the 

heirship of the decedent. Citing Laurence, the plaintiff asserted that, under the Dead Man’s 

Act, an heir is competent to testify in a proceeding to establish the heirship of his or her 

ancestor only where the proceedings are not contested and the establishment of the heirship is 

routine. The reviewing court disagreed. In re Estate of Hutchins, 120 Ill. App. 3d at 1086. 

Relying on the reasoning in Bailey, the court held that the trial court properly admitted the 

purported heirs’ testimony on the issue of the heirship of the decedent, pursuant to subsection 

(d) of the Dead Man’s Act. In re Estate of Hutchins, 120 Ill. App. 3d at 1087.

¶ 82 Turning to the facts in this case, we agree with the rationale set forth in Bailey and hold 

that the trial court abused its discretion in granting Shawn’s motion in limine, which sought to 

bar Ellizzette from testifying or presenting any evidence as to any marital relationship she had 

with decedent. Quite simply, pursuant to the plain language of subsection (d) (735 ILCS 5/8-

201(d) (West 2016)), the Dead Man’s Act no longer prohibits interested parties from testifying 

“as to any fact relating to the heirship of a decedent.” See Spencer v. Strenger Wayne, 2017 IL 

App (2d) 160801, ¶ 16 (noting that the fundamental objective of statutory construction is to 

ascertain and give effect to the intent of the legislature, the best indicator of which is the plain 

language of the statute itself). Thus, the trial court should have permitted Ellizzette to testify 

as to her marriage to decedent, as it directly relates to heirship. In so holding, we observe that 
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the court’s rationale for its finding, i.e., that Ellizzette did not respond to the authority cited by 

Shawn, is not supported by the record. While it is true that Ellizzette did not cite any case law 

in her response to the motion in limine or at the hearing on the same, she clearly referenced 

subsection (d) in her response and asserted that the statute allowed her to testify as to her 

relationship with decedent. However, the trial court never addressed the impact of subsection 

(d) in ruling on Shawn’s motion in limine.

¶ 83 Additionally, we reject Shawn’s claim that Laurence, 164 Ill. 367, remains good law. 

Shawn claims that Laurence is still valid precedent because the Illinois Supreme Court “never 

overruled or modified [the] decision *** in the twelve plus decades following its opinion.” 

Shawn’s position completely ignores the fact that the legislature altered the version of the Dead 

Man’s Act interpreted in Laurence to provide that “[n]o person shall be barred from testifying 

as to any fact relating to the heirship of a decedent.” 735 ILCS 5/8-201(d) (West 2016). This 

action by the legislature effectively overruled the holdings in Laurence and its progeny. In re 

Estate of Bailey, 97 Ill. App. 3d at 784 (“[W]e believe that by enacting [subsection (d)] the 

legislature intended to change the rule of Laurence which applied the [Dead Man’s] Act to 

proceedings to establish heirship.”); see also In re Estate of Hutchins, 120 Ill. App. 3d at 1087 

(agreeing with the Bailey court that the language of subsection (d) was clearly intended by the 

legislature to change the holding in Laurence); Whitehead, supra, at 437 (opining that the 

addition of subsection (d) “will undoubtedly be a boon to [putative spouses] who invariably 

failed under the old statute to establish heirship” and referring to Laurence). When the 

legislature changes the law in response to a ruling by the supreme court, that precedent is 

overruled when the statute is enacted. See Roth v. Yackley, 77 Ill. 2d 423, 429 (1979) 

(recognizing that the General Assembly has the authority to draft legislation and to amend 

statutes prospectively if it believes that a judicial interpretation was at odds with its intent). 

This is exactly what occurred here. Shawn does not even discuss subsection (d) in his brief.

¶ 84 Shawn also maintains that Ellizzette forfeited this issue by failing to make an offer of proof. 

“An offer of proof informs the trial court, opposing counsel, and the reviewing court of the 

nature and substance of the evidence sought to be introduced.” Colella v. JMS Trucking Co. of 

Illinois, 403 Ill. App. 3d 82, 93 (2010). “When a motion in limine is granted, the key to saving 

for review an error in the exclusion of evidence is an adequate offer of proof in the trial court.” 

Snelson v. Kamm, 204 Ill. 2d 1, 23 (2003). “However, an offer of proof is not required where 

it is apparent that the trial court clearly understood the nature and character of the evidence 

sought to be introduced.” Dillon v. Evanston Hospital, 199 Ill. 2d 483, 495 (2002); see also 

La Salle Bank, N.A. v. C/HCA Development Corp., 384 Ill. App. 3d 806, 823-24 (2008).

¶ 85 Here, Shawn’s motion in limine specifically stated that he “expected that *** Ellizzette 

*** will attempt to testify that she is the surviving spouse of [decedent].” More significantly, 

the trial court, in ruling on the motion, stated, “to the extent that the spouse is going to testify 

as to the purported marriage *** I would have to grant the motion in limine based on the law 

that [Ellizzette] can’t testify.” The court later told Ellizzette:

“[H]aving ruled as to your ability to testify, that makes it difficult for you to prove the 

validity of the marriage. The marriage may have happened. It may have been valid in 

your eyes, but we’re proceeding under statutes, law, cases, precedent, and rulings on 

those laws as applied to the facts. So I’m not saying you didn’t have a ceremony, but I 

may—that may be the effect as it pertains to heirship. It depends what you are able to 

prove without testifying.”
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Given this record, we conclude that an offer of proof was not required because the trial court 

understood that Ellizzette would testify as to her purported marriage to decedent. See Dillon, 

199 Ill. 2d at 495 (holding that an offer of proof was not required because the trial court 

understood that the witness would testify as to the medical standard of care); La Salle Bank, 

N.A., 384 Ill. App. 3d at 824 (holding that an offer of proof was not required because the trial 

court knew both the identity of the proposed witness and the subject matter of his proposed 

testimony); First National Bank of Mount Prospect v. Village of Mount Prospect, 197 Ill. App. 

3d 855, 864-65 (1990) (holding that an offer of proof was not necessary where expert’s opinion 

testimony was obvious).

¶ 86 In short, based upon the 1973 amendment to the Dead Man’s Act, we are compelled to 

conclude that the trial court abused its discretion in granting Shawn’s motion in limine and 

barring Ellizzette from testifying or presenting any evidence as to any marital relationship she 

had with decedent. As the trial court’s erroneous ruling precluded Ellizzette from presenting 

her case-in-chief, it substantially prejudiced her. See $5,608 United States Currency, 359 Ill. 

App. 3d at 896. Accordingly, we reverse the trial court’s decision to grant a directed finding in 

Shawn’s favor on this basis, and we remand the matter for a new trial. However, because 

additional issues related to the reasons the trial court cited in support of its grant of a directed 

finding in Shawn’s favor might arise on remand, we address those issues now.

¶ 87 E. Directed Finding

¶ 88 Ellizzette challenges the grounds the trial court cited in support of its decision to direct a 

finding in Shawn’s favor at the close of her case-in-chief. Section 2-1110 of the Code (735 

ILCS 5/2-1110 (West 2016)) permits a defendant to move for a directed finding at the close of 

the plaintiff’s case in a bench trial. In ruling on such a motion, the trial court engages in a twostep analysis. Minch v. George, 395 Ill. App. 3d 390, 398 (2009). Initially, the court must 

determine whether the plaintiff presented a prima facie case as a matter of law. Edward Atkins, 

M.D., S.C. v. Robbins, Salomon & Patt, Ltd., 2018 IL App (1st) 161961, ¶ 53. If the court finds 

that the plaintiff presented a prima facie case, it proceeds to the second step and weighs the 

evidence to determine whether the prima facie case survives. Minch, 395 Ill. App. 3d at 398. 

Where, as here, the trial court did not proceed beyond the first stage, we review de novo its 

determination. In re Petition to Disconnect Certain Territory Commonly Known as Foxfield 

Subdivision, 396 Ill. App. 3d 989, 992 (2009) (In re Foxfield Subdivision).

¶ 89 To establish a prima facie case, a plaintiff must proffer at least some evidence on every 

essential element of the cause of action. In re Foxfield Subdivision, 396 Ill. App. 3d at 992. To 

legally marry in Illinois, a couple must fulfill the requirements and formalities set out in the 

Marriage Act (750 ILCS 5/101 et seq. (West 2016)). Section 201 of the Marriage Act (750 

ILCS 5/201 (West 2016)) provides that “[a] marriage between 2 persons licensed, solemnized 

and registered as provided in this Act is valid in this State.” Thus, the parties must apply for a 

marriage license from the county clerk’s office of the county in which they intend to marry. 

750 ILCS 5/202, 203, 207 (West 2016); In re Estate of Crockett, 312 Ill. App. 3d 1167, 1171 

(2000). Both parties must be present before the county clerk or one of his deputies, pay the 

required fee, and sign the license application. 750 ILCS 5/203 (West 2016); In re Estate of 

Crockett, 312 Ill. App. 3d at 1171. The parties must then appear before a duly authorized 

officiant and, after consenting to marry, must file the marriage certificate with the county 

clerk’s office within 10 days of the ceremony. 750 ILCS 5/209 (West 2016); In re Estate of 
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Crockett, 312 Ill. App. 3d at 1171. We observe, however, that Illinois courts have conferred 

“spouse” status upon individuals even when one of the directory requirements of the Marriage 

Act has not been satisfied. See, e.g., Haderaski v. Haderaski, 415 Ill. 118, 119-22 (1953) 

(concluding that the lack of a license in an otherwise lawful marriage did not invalidate the 

marriage, as the statute requiring a license was directory rather than mandatory); In re Estate 

of Bailey, 97 Ill. App. 3d at 786 (noting that, with the exception of the lack of a marriage 

license, the evidence established that the couple was legally married).

¶ 90 In this case, the trial court ruled that Ellizzette did not present a prima facie case of a valid 

marriage as a matter of law. The court ruled that, to present a prima facie case on the validity 

of her marriage to decedent, Ellizzette had to present a valid application for a marriage license 

and a ceremony performed in Edgar County witnessed by two individuals. The court found, as 

a matter of law, that Ellizzette “did not present a prima facie case of a valid marriage ceremony 

under the circumstances such as would be sufficient to meet her burden of proof on all of the 

elements.” The court stated that “[i]t would have been simple to present the evidence of a 

marriage license and certificate and application and have some witness testify about that, but 

that was not done.” In ruling, the court further stated:

“And while it is not as clear as [Shawn’s counsel] presents as to the case law 

precedents—and in that I’m referring to the arguments that [Ellizzette] had when she 

was represented by counsel during motion practice on a motion for judgment on the 

pleadings—it is clear that there was an order finding and adjudicating Decedent as a 

disabled person and in immediate need of a plenary guardianship and that there was no 

best-interest hearing held; that the punitive [sic] marriage was not known to the 

Administrator until November 2017; and that the marriage was not properly witnessed 

or licensed or subject to a best-interest determination by the probate court.”

Thus, in concluding that Ellizzette did not establish a prima facie case of a valid marriage, the 

trial court determined that there was no evidence that the purported marriage was properly 

licensed, there was no evidence of a valid marriage ceremony in Edgar County, there was no 

evidence of two witnesses to the marriage, and there was no best-interest hearing to determine 

decedent’s competency to marry. Applying de novo review, we conclude that the trial court 

erred in granting Shawn’s motion for a directed finding on the four grounds cited in its ruling.

¶ 91 1. License

¶ 92 First, the trial court erred in ruling that there was no evidence that the purported marriage 

was properly licensed. As noted above, in ruling that Ellizzette failed to present a prima facie

case of a valid marriage, the trial court stated, “[i]t would have been simple to present the 

evidence of a marriage license and certificate and application and have some witness testify 

about that, but that was not done.” But this finding by the trial court ignores the fact that on 

November 30, 2018, almost a year before the trial, the court granted Shawn’s motion 

requesting that it take judicial notice of these very documents. The purpose of judicial notice 

is to dispense with the normal method of producing evidence. See State Farm Mutual 

Automobile Insurance Co. v. Grebner, 132 Ill. App. 2d 234, 237 (1971); see also Black’s Law 

Dictionary (11th ed. 2019) (defining “judicial notice” as “[a] court’s acceptance, for purposes 

of convenience and without requiring a party’s proof, of a well-known and indisputable fact”); 

City of Centralia, 2019 IL App (5th) 180439, ¶ 10 (noting that a court may take judicial notice 

of “matters that are readily verifiable from sources of indisputable accuracy, such as public 
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records”). “The theory and effective application of judicial notice of adjudicative facts not only 

renders the formal introduction of evidence before the trier of fact unnecessary, Secrist v. Petty, 

109 Ill. 188 (1883); People v. One 1999 Lexus, 367 Ill. App. 3d 687, *** but also precludes 

the introduction of evidence of contrary tenor ***.” Michael H. Graham, Cleary and Graham’s 

Handbook of Illinois Evidence § 202.3 (9th ed. 2009). Hence, by order of the court, evidence 

of a marriage application, license, and certificate were before the court pursuant to its ruling 

on Shawn’s motion. Since the court had already taken judicial notice of these documents for 

purposes of the trial, there was no need for Ellizzette to reintroduce them.

¶ 93 Shawn argues that the purpose behind his motion was “to highlight every falsehood 

[Ellizzette] promoted on the Edgar County Clerk, as well as [decedent], a disabled person in 

need of protection from neglect, exploitation and abuse.” However, this purpose is not set forth 

in his motion or in the record. In this regard, we observe that the body of Shawn’s motion 

consisted of one page. In the motion, Shawn simply asked the trial court to take judicial notice, 

“[p]ursuant to the terms of *** trial,” of the “Certified Copy of Edgar County, Illinois[,] 

Marriage Application and Record of John Wood McDonald, III and Ellizzette Duvall Minicelli 

[sic].” Attached to the motion were certified copies of (1) a “Marriage Application and Record” 

of “John Wood McDonald III” and “Ellizzette Duvall Minnicelli,” (2) a Marriage License of 

“John Wood McDonald III” and “Ellizzette Duvall Minnicelli” issued by the Edgar County 

Clerk, signed by Bement as the officiant and indicating that the marriage ceremony occurred 

in Paris, Illinois on July 11, 2017, and (3) a “Certification of Marriage” of “John Wood 

McDonald, III” and “Ellizzette Duvall Minnicelli.” No court reporter was present for the 

argument on this motion, and no basis for or limitations on the trial court’s order appears in 

the record. The order granting Shawn’s motion simply states that “The Motion for Judicial 

Notice is granted and the Court hereby takes judicial notice of the exhibits attached thereto.” 

Since there was no limitation on the purpose for which the exhibits were admitted at trial, we 

find that Shawn’s position lacks merit.

¶ 94 2. Ceremony

¶ 95 Second, the trial court erred when it ruled that Ellizzette did not present some evidence of 

“a ceremony performed in Edgar County.” Bement testified that he performed a marriage 

ceremony between Ellizzette and decedent on July 11, 2017, in the parties’ home in Paris, 

Edgar County, Illinois. The “Certification of Marriage” issued by the clerk of Edgar County, 

of which the trial court took judicial notice, lists the wedding ceremony as taking place on July 

11, 2017, in Paris, Illinois, with Bement as the officiant. In addition, we may take judicial 

notice that Paris is the county seat of Edgar County (see About, Edgar County, https://edgar

countyillinois.com/about/ (last visited Jan. 25, 2021) [https://perma.cc/JB2C-9YQ4]). See 

People v. Mata, 217 Ill. 2d 535, 539-40 (2005) (noting that a reviewing court can take judicial 

notice “of matters that are readily verifiable from sources of indisputable accuracy”); Trannel 

v. Prairie Ridge Media, Inc., 2013 IL App (2d) 120725, ¶ 20 (taking judicial notice of the 

population of a county); People v. Clark, 406 Ill. App. 3d 622, 632 (2010) (taking judicial 

notice of park’s location). Indeed, Shawn’s counsel admitted in arguing the motion for a 

directed finding that a marriage ceremony was performed, stating, “there’s no evidence that 

there is a valid marriage other than what Mr. Bement said, and Mr. Bement said he conducted 

a ceremony.” The trial court’s ruling that Ellizzette failed to present some evidence of a 
- 23 -

ceremony performed in Edgar County is simply not supported by the record.

¶ 96 3. Witnesses

¶ 97 Third, the trial court erred when it ruled that Ellizzette did not present a prima facie case, 

because she failed to introduce evidence of two witnesses to the marriage ceremony. Neither 

Shawn nor the trial court cited any statutory provision requiring the presence of two witnesses 

for a marriage to be valid in Illinois. Indeed, our research reveals that, while many states have 

a witness requirement, Illinois is not one of them. See, e.g., Alaska Stat. Ann. § 25.05.301 

(West 2016) (“In the solemnization of marriage no particular form is required except that the 

parties shall assent or declare in the presence of each other and the person solemnizing the 

marriage and in the presence of at least two competent witnesses that they take each other to 

be husband and wife.”); Cal. Family Code § 359(d) (West 2016) (“The person solemnizing the 

marriage shall complete the solemnization sections on the marriage license, and shall cause to 

be entered on the marriage license the printed name, signature, and mailing address of at least 

one, and no more than two, witnesses to the marriage ceremony.”); Del. Code Ann. tit. 13, 

§ 106(a)(4) (West 2016) (“Marriages shall be solemnized in the presence of at least 2 reputable 

witnesses who are at least 18 years of age and who shall sign the certificate of marriage ***.”); 

La. Stat. Ann. § 9:244 (2016) (requiring marriage ceremony to be “performed in the presence 

of two competent witnesses of full age”); Kan. Stat. Ann. § 23-2504(a) (West 2016) (providing 

that a marriage may be validly solemnized “[b]y the mutual declarations of the two parties to 

be joined in marriage, made before an authorized officiating person and in the presence of at 

least two competent witnesses over 18 years of age, other than the officiating person, that they 

take each other as husband and wife”); Mich. Comp. Laws Ann. § 551.9 (West 2016) (“In the 

solemnization of marriage *** there shall be at least 2 witnesses, besides the person 

solemnizing the marriage, present at the ceremony.”); Minn. Stat. Ann. § 517.09 (West 2016) 

(“No particular form is required to solemnize a civil marriage, except: the parties shall declare 

in the presence of a person authorized to solemnize civil marriages and two attending witnesses 

that each takes the other as husband, wife, or spouse ***.”); Neb. Rev. Stat. Ann. § 42-109 

(West 2016) (requiring “at least two witnesses, besides the minister or magistrate” to be present 

at the ceremony where the marriage is solemnized); Nev. Rev. Stat. Ann. § 122.110 (West 

2016) (“In every case, there shall be at least one witness present besides the person performing 

the [marriage] ceremony.”); N.Y. Dom. Rel. Law § 12 (McKinney 2016) (requiring “at least 

one witness beside the clergyman or magistrate” to be present at the ceremony where the 

marriage is solemnized); N.D. Cent. Code Ann. § 14-03-20 (West 2016) (“Every certificate of 

marriage must contain the full name of each party before and after the marriage and be signed 

by two witnesses to the marriage in addition to the signature of the person who solemnized the 

marriage.”); Okla. Stat. Ann. tit. 43, § 7 (West 2016) (“All marriages must be contracted by a 

formal ceremony performed or solemnized in the presence of at least two adult, competent 

persons as witnesses ***.”); 15 R.I. Gen. Laws Ann. § 15-3-8 (West 2016) (“The 

solemnization of marriage shall be in the presence of at least two (2) witnesses besides the 

minister, elder, justice, or warden officiating.”); Wis. Stat. Ann. § 765.16 (West 2016) 

(“Marriage may be validly solemnized and contracted in this state only after a marriage license 

has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in 

marriage that they take each other as husband and wife, made before an authorized officiating 

person and in the presence of at least 2 competent adult witnesses other than the officiating 
- 24 -

person.”); Wyo. Stat. Ann. § 20-1-106(b) (West 2016) (“In the solemnization of marriage no 

particular form is required, except that the parties shall solemnly declare in the presence of the 

person performing the ceremony and at least two (2) attending witnesses that they take each 

other as husband and wife.”).

¶ 98 Nevertheless, citing Pike v. Pike, 112 Ill. App. 243 (1904), Shawn insists that “[p]roviding 

the names of two witnesses is the public policy in Illinois.” At the outset, we note that Pike is 

not controlling, as it was decided in 1904 and appellate decisions filed prior to 1935 have no 

binding authority. See Choate v. Indiana Harbor Belt R.R. Co., 2012 IL 112948, ¶ 32 n.4 

(noting that appellate court decisions filed prior to 1935 have no binding authority and can be 

considered only persuasive). This technicality aside, we find Pike factually inapposite. Pike

involved a common-law, “secret” marriage that was neither witnessed by anyone nor publicly 

acknowledged by the participants. At the time of the events in Pike, common-law marriages 

were recognized in Illinois. Pike, 112 Ill. App. at 260. However, one of the parties denied that 

he had married. Pike, 112 Ill. App. at 252. Under these circumstances, the reviewing court 

“regretted that a marriage, such as is claimed in this case, contracted secretly between the 

parties, no third person being present, is legally permissible.” Pike, 112 Ill. App. at 260. The 

present case does not involve the type of marriage at issue in Pike. Indeed, common-law 

marriages were eliminated by statute in Illinois in 1905. 750 ILCS 5/214 (West 2016); Hewitt 

v. Hewitt, 77 Ill. 2d 49, 62 (1979). Pike is simply not persuasive authority for the proposition 

that a valid marriage under Illinois law requires the presence of two witnesses at the ceremony.

¶ 99 Shawn notes that one of the forms issued by the Edgar County clerk includes a space to 

provide the names of witnesses to a marriage. Shawn therefore insists that, if the two-witness 

requirement did not remain the policy in Illinois, “the Edgar County Clerk’s instruction to 

marriage applicants to provide the names of such witnesses would be meaningless.” We find 

no such instruction in the documents submitted. And while the document referenced by Shawn 

does contain lines where the names of witnesses may be provided, there is no indication that 

this is a requirement to obtain a valid marriage license. Indeed, even though no witnesses are 

listed, the Edgar County clerk issued a marriage license to decedent and “Ellizzette Duvall 

Minnicelli,” thereby suggesting that witnesses are not required under Illinois law. Given the 

lack of authority substantiating a two-witness requirement for marriages in Illinois, the trial 

court erred when it ruled that Ellizzette was required to present some evidence that there were 

two witnesses to her officiated marriage to decedent.

¶ 100 4. Best-Interest Hearing

¶ 101 Fourth, the trial court indicated that, pursuant to the Probate Act, a best-interest hearing 

was required before decedent could marry. Although not directly cited in the trial court’s 

ruling, this was apparently a reference to section 11a-17(a-10) of the Probate Act (755 ILCS 

5/11a-17(a-10) (West 2016)), which states in pertinent part as follows:

“Upon petition by the guardian of the ward’s person or estate, the court may authorize 

and direct a guardian of the ward’s person or estate to consent, on behalf of the ward, 

to the ward’s marriage pursuant to Part II of the Illinois Marriage and Dissolution of 

Marriage Act if the court finds by clear and convincing evidence that the marriage is in 

the ward’s best interests.”

The primary objective of statutory construction is to ascertain and give effect to the intent of 

the legislature. State Bank of Cherry, 2013 IL 113836, ¶ 56. The most reliable indicator of 
- 25 -

legislative intent is the language of the statute itself, given its plain and ordinary meaning. State 

Bank of Cherry, 2013 IL 113836, ¶ 56. If the statutory language is clear and unambiguous, it 

must be applied as written, without resorting to further aids of statutory construction. State 

Bank of Cherry, 2013 IL 113836, ¶ 56. Moreover, a court may not depart from the plain 

language of the statute and read into it exceptions, limitations, or conditions that are not 

consistent with the express legislative intent. State Bank of Cherry, 2013 IL 113836, ¶ 56.

¶ 102 The plain language of this provision simply does not require prior approval by the court 

before a ward can marry of his or her own accord. Instead, it provides a procedure to allow a 

guardian to petition the court for authorization to consent, on behalf of the ward, to the ward’s 

marriage. The fact that a guardian may seek from the court an order authorizing consent, 

however, does not mean that the ward may not marry unless and until the guardian first obtains 

the court’s consent. We read nothing in the language of section 11a-17(a-10) of the Probate 

Act that expressly declares that a marriage entered into by a ward is void in the absence of a 

best-interest hearing.

¶ 103 Indeed, this is consistent with Pape, 145 Ill. 2d 13, in which the supreme court held that 

the appointment under the Probate Act of a guardian of a person is not sufficient, in and of 

itself, to show that the person was incompetent to consent to marriage. In reaching this result 

the court explained:

“In this regard, we note that section 11a-3 of the Probate Act of 1975 provides, 

inter alia, that a court may adjudge a person disabled and may appoint a guardian of 

his person if, because of his disability, he lacks sufficient understanding or capacity to 

make or communicate responsible decisions concerning the care of his person. In 

contrast, section 301 of the Marriage Act provides that a declaration of invalidity of a 

marriage may be obtained where a party, inter alia, lacked the capacity to consent to 

the marriage because of, inter alia, mental incapacity or infirmity. (Ill. Rev. Stat. 1989, 

ch. 40, par. 301.) Moreover, a person lacks capacity to consent to a marriage where he 

is unable to understand the nature, effect, duties and obligations of marriage.” Pape, 

145 Ill. 2d at 21-22.

Based on the foregoing, the court concluded that the test of incapacity under the abovereferenced provisions of the Probate Act and the Marriage Act “is limited and does not speak 

to the incapacity required for purposes of the other provision.” Pape, 145 Ill. 2d at 22. In this 

case, decedent was adjudged a ward of the court pursuant to section 11a-3 of the Probate Act 

(755 ILCS 5/11a-3 (West 2016)). Pursuant to Pape, however, this fact is insufficient, in and of 

itself, to require a best-interest hearing prior to decedent marrying. As such, we conclude that 

the trial court erred in ruling that the lack of a best-interest hearing provided a basis to grant 

Shawn’s motion for a directed finding at the close of Ellizzette’s case.

¶ 104 Shawn suggests that, to the extent that Pape constituted persuasive authority, it no longer 

does because the legislature added the language in section 11a-17(a-10) to the Probate Act 

after the supreme court decided Pape. We disagree. Shawn’s argument overlooks the plain 

language of section 11a-17(a-10), which does not prohibit a ward from marrying on his or her 

own accord in the absence of a best-interest hearing. Moreover, nothing in section 11a-17(a10) expressly declares a marriage entered into by a ward, without his or her guardian’s consent 

or a best-interest hearing, to be a nullity. Shawn also maintains that such a holding ignores a 

recent case decided by the supreme court, Karbin v. Karbin, 2012 IL 112815. In Karbin, the 

supreme court held that a guardian has standing to institute marital dissolution proceedings on 
- 26 -

behalf of a ward. Karbin, 2012 IL 112815, ¶ 52. We read nothing in Karbin that prohibits a 

ward from getting married in the absence of a best-interest hearing. Accordingly, we find 

Shawn’s reliance on Karbin misplaced.

¶ 105 IV. CONCLUSION

¶ 106 For the foregoing reasons, we affirm the trial court’s rulings denying Ellizzette’s motion 

to vacate the order appointing Shawn as the administrator of decedent’s estate and the order of 

heirship. We also affirm the trial court’s decision to deny Ellizzette’s motion for a continuance 

of trial and her motion for judgment on the pleadings. We find, however, that the trial court 

erred in barring Ellizzette from testifying regarding her marriage and heirship. Further, the trial 

court erred in granting Shawn’s motion for a directed finding on the four grounds set forth in 

its oral ruling. The judgment of the circuit court of Kane County is therefore affirmed in part 

and reversed in part. We remand for further proceedings consistent with this disposition.

¶ 107 Affirmed in part and reversed in part.

¶ 108 Cause remanded with directions.