CHICAGO TITLE & TRUST CO. v. SCHWAB

Gen. No. 45,671.

347 Ill. App. 233 (1952)

106 N.E.2d 857

Chicago Title and Trust Company, as Executor of Will of Henry C. Schwab, Deceased, and said Chicago Title and Trust Company and David Bluford, as Trustees of Residuary Trust Created by said Will, Appellees, v. Goaldia Beryl Schwab, Appellant, The Northern Trust Company, as Executor Under Will of Lottie S. Foreman, Holman D. Pettibone, David Bluford, and Lazarus Krinsley, as Trustees of the Charles H. and Rachel M. Schwab Memorial Foundation, a Charitable Trust Created by Will of said Henry C. Schwab, Deceased, and Ivan A. Elliott, as Attorney General of State of Illinois, Appellees.

Appellate Court of Illinois.

Released for publication June 30, 1952.


Attorney(s) appearing for the Case

SCHUYLER, RICHERT & STOUGH, of Chicago, for appellant; DANIEL M. SCHUYLER, and JAY STOUGH, both of Chicago, of counsel.

IVAN A. ELLIOTT, Attorney General of State of Illinois, and SCHULTZ, KRINSLEY, VOORHEIS & HEDBERG, all of Chicago, for defendants-appellees; ROBERT J. BURDETT, Assistant Attorney General, and RAYMOND HARKRIDER, both of Chicago, of counsel.

SYLVANUS GEORGE LEE, of Chicago, for plaintiffs-appellees.


MR. PRESIDING JUSTICE BURKE delivered the opinion of the court.

On December 14, 1937, Henry C. Schwab of Chicago and Goaldia Beryl Winters of Wilmette entered into an antenuptial settlement agreement at Chicago. On the following day they were married. At that time he was 70 years of age and she was 50 years of age. Following the marriage and on that day he executed his will, which was subsequently amended by three codicils. He died on March 6, 1941, leaving the last...

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