Opinion
Gen. No. 43,700. (Abstract of Decision.)
Opinion filed November 18, 1946 Rehearing denied December 4, 1946 Released for publication December 4, 1946
DESCENT AND DISTRIBUTION, § 12 — when finding as to heirship was against manifest weight of evidence. Finding in decree that deceased left no known heirs at law was against manifest weight of evidences where examination of evidence disclosed that deceased had told two customers of his barber shop that his only living relatives were cousins, and written documents in evidence, including certificate of marriage witnessed by deceased, church certificate of baptism showing deceased as one of sponsors, and prayer book given by deceased to one of alleged heirs, tended to show that alleged heirs were related to deceased.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county there heard on appeal from Probate Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the April term, 1946.
Dayton, Oppenheim, for appellants;
James A. Dayton, of counsel;
Beckman, Healy, Newby Hough, for certain appellee;
Richard E. Kropf, for certain other appellee;
Daniel M. Healy, Richard E. Kropf and Walter Healey, of counsel.
Not to be published in full. Opinion filed November 18, 1946; rehearing denied December 4, 1946; released for publication December 4, 1946.