Velde v. Reardon

Full title: Henry R. Velde et al., Trading as Velde Lumber Company, Appellees, v. C…

Court: Appellate Court of Illinois

Date published: Feb 29, 1944

322 Ill. App. 177 (Ill. App. Ct. 1944)

54 N.E.2d 91

Opinion

Gen. No. 9,401. (Abstract of Decision.)

Opinion filed February 29, 1944 Rehearing denied April 22, 1944

TRUSTS, § 279^_ — right of recovery against estate of trustee for money not accounted for. Money held by a trustee under an express trust which he has not accounted for at the time of his death may be recovered from his estate (Ill. Rev. Stat. 1943, ch. 3, par. 354; Jones Ill. Stats. Ann. 110.451).

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

Appeal from the Circuit Court of Tazewell county; the Hon. HENRY J. INGRAM, Judge, presiding.

Judgment affirmed. Heard in this court at the February term, 1944.

N.D. Reardon, for appellants;

Ralph Dempsey and Robert B. Horner, of counsel;

Dale E. Sutton, for appellees.

Opinion by JUSTICE HAYES.

Not to be published in full. Opinion filed February 29, 1944; rehearing denied April 22, 1944.