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McCARTHY v. McCARTHY

Gen. No. 46,726.

9 Ill. App.2d 462 (1956)

133 N.E.2d 763

Earl C. McCarthy, Plaintiff-Appellant and Cross-Appellee, v. Edna B. McCarthy, Defendant-Appellee and Cross-Appellant, and La Salle National Bank, Trustee, La Salle National Bank, Administrator with Will Annexed of Estate of Agnes Schmerker, Deceased, and Evelyn Freeman, et al., Defendants-Appellees and Cross-Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied April 16, 1956.

Released for publication April 30, 1956.

Attorney(s) appearing for the Case

Loesch, Scofield & Burke, of Chicago, for plaintiff-appellant and cross-appellee.

Luther M. Lewis, of Chicago, for defendant-appellee and cross-appellant.

Curtis, Friedman & Marks, of Chicago, for defendants-appellees and cross-appellees; Louis David Friedman, of Chicago, of counsel.

JUDGE BURKE delivered the opinion of the court.

Agnes Schmerker, an elderly widow, died at Chicago on December 2, 1952. Her nearest kin were brothers, sisters, nephews and nieces, none of whom are residents of Illinois. She resided in improved real estate owned by her in fee simple at the northeast corner of Wellington Street and Broadway in Chicago. On September 1, 1949, she and a straw party executed deeds which vested title to the real estate in her and Earl C...

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