Levi v. Stern

Full title: Jennie Levi et al., Appellees, v. Charles H. Stern et al., Defendants…

Court: Appellate Court of Illinois, First District

Date published: Oct 11, 1944

324 Ill. App. 82 (Ill. App. Ct. 1944)

57 N.E.2d 228

Opinion

Gen. Nos. 42,578, 42,871. (Abstract of Decision.)

Opinion filed October 11, 1944 Released for publication October 27, 1944

ESTATES OF DECEDENTS, § 494.1^_ — when decree for plaintiffs in action against executor-trustees and others, and order finding executor-trustees guilty of contempt, will be reversed. Under circumstances, held that decree for plaintiffs, in action based on children's disputes relative to acts connected with their testate mother's long unsettled estate, complaint in which action charged misconduct on part of two of children as executors and trustees under mother's will, as result of which alleged misconduct mother's estate allegedly had been wasted to detriment of plaintiffs, would be reversed and cause would be remanded with directions for entry of decree in conformity with views expressed in opinion of Appellate Court, and such reasonable orders to executor-trustee children as would bring about most prudent and expeditious termination of estate, and, further, that order, whereby executor-trustee children were committed to jail as for contempt in failing to file account within given time, would be reversed.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding. Order reversed. Heard in the third division, first district, this court at the February and October terms, 1943.

Gustav E. Beerly, for appellants;

Gustav E. Beerly, Jr., of counsel.

Alden, Latham Lutkin, for certain appellee.

Joseph E. Winterbotham and David T. Alexander, for certain other appellee;

Wm. Tracy Alden and Sidney F. Moody, of counsel.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed October 11, 1944; released for publication October 27, 1944.