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McCARTHY v. McCARTHY

No. 33515.

6 Ill.2d 52 (1955)

126 N.E.2d 633

EARL C. McCARTHY, Appellant, v. EDNA B. McCARTHY et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 20, 1955.

Attorney(s) appearing for the Case

LOESCH, SCOFIELD & BURKE, of Chicago, for appellant.

LUTHER M. LEWIS, of Chicago, for appellee Edna B. McCarthy; CURTIS, FRIEDMAN & MARKS, of Chicago, (LOUIS DAVID FRIEDMAN, of counsel,) for other appellees.

Cause transferred.

Mr. JUSTICE DAILY delivered the opinion of the court:

Earl C. McCarthy, the appellant, filed a complaint in the superior court of Cook County for partition of a Chicago apartment property, alleging ownership of an undivided one-half interest as residuary legatee under the last will and testament of Agnes Schmerker, deceased. The complaint alleged that the other undivided one-half was vested in Edna B. McCarthy, appellant's wife, by virtue...

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