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MERSCHAT v. MERSCHAT

Gen. No. 46,015.

1 Ill. App.2d 429 (1954)

117 N.E.2d 868

Kathryn Lennon Merschat, Administratrix of Estate of Richard W. Merschat, Deceased, and Kathryn Lennon Merschat, Individually, Plaintiff-Appellee and Cross-Appellant, v. Henry A. Merschat, Defendant-Appellant and Cross-Appellee, and Drovers Trust and Savings Bank, as Trustee of Trust Number M 31 et al., Codefendants.

Appellate Court of Illinois.

Rehearing denied March 23, 1954.

Released for publication March 23, 1954.

Attorney(s) appearing for the Case

KLEIN & THORPE, of Chicago, for appellant; FRANKLIN W. KLEIN, and ARTHUR C. THORPE, both of Chicago, of counsel.

MULCAHY, MURPHY & DIERINGER, of Chicago, for appellee; MICHAEL F. MULCAHY, and HENRY W. DIERINGER, both of Chicago, of counsel.

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

This is an appeal by Henry A. Merschat, hereinafter called "defendant," from a decree which declared a resulting trust in favor of plaintiff for a one-half beneficial interest in the premises known as 8023 South Vernon avenue, Chicago. Plaintiff filed a cross-appeal, contending that she should have been awarded the full beneficial interest in the building. Certain other minor issues are raised which...

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