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THE PEOPLE v. SCHALLERER

Nos. 34364-5-6 Cons.

12 Ill.2d 240 (1957)

145 N.E.2d 585

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MATILDA H. SCHALLERER, EXRX., et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 19, 1957.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, A. ZOLA GROVES, HARRY A. ASH, STEWART P. MULVIHILL, and JOSEPH O. RUBINELLI, of counsel,) for appellant.

EDMUND A. SPENCER, PAUL L. FRETER, and TIMOTHY J. CROWE, all of Chicago, for appellee in No. 34364; CHAPMAN & CUTLER, of Chicago, (FREDERICK O. DICUS, and JOHN N. VANDER VRIES, of counsel,) for appellee in No. 34365; LITSINGER, GATENBEY & SPULLER, of Chicago, (ANDREW W. GATENBEY, and FRED H. LAW, JR., of counsel,) for appellee in No. 34366.

Reversed and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Three cases from the county court of Cook County have been consolidated for argument and opinion. Each involves the following question arising under the Illinois Inheritance Tax Act: where a person purchases an annuity contract providing for a fixed annual stipend for a definite period of time or for as long as he should live, with a provision that if he die before receiving the...

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