Opinion
Gen. No. 43,455. (Abstract of Decision.)
Opinion filed February 13, 1946 Released for publication March 8, 1946
ESTATES OF DECEDENTS, § 212 — accrued alimony as seventh class claim against defendant's estate. Where plaintiff sought to collect accrued alimony from bank account of defendant, and coexecutrices of defendant's estate filed motion to dismiss alleging that plaintiff's claim abated upon death of defendant and that court had no jurisdiction of such matter, held that since plaintiff did not have judgment entered against defendant during his lifetime, on his death, plaintiff's position as to alimony then due was same as that of any other person having seventh class claim against estate.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN A. SBARBARO, Judge, presiding.
Order reversed and cause remanded with directions. Heard in the third division, first district, this court at the October term, 1945.
Leslie A. Kohn and Irving Breakstone, for appellant;
Frank W. Chern and Philip M. O'Connell, for certain appellees;
Winston, Strawn Shaw, for certain other appellee.
Not to be published in full. Opinion filed February 13, 1946; released for publication March 8, 1946.