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SMITH v. STOVER

Gen. No. 11,020.

15 Ill. App.2d 78 (1957)

145 N.E.2d 515

John F. Smith and Henry R. Antrim, Trustees of Estate of Daniel C. Stover, Deceased, Plaintiffs, v. Porter C. Stover, et al., Defendants.

Appellate Court of Illinois — Second District.

Released for publication November 19, 1957.

Attorney(s) appearing for the Case

Ralph M. Eaton, of Mt. Carroll, and Seyfarth and Atwood, of Chicago (Ralph M. Eaton, Karl Edwin Seyfarth, and Benton Atwood, of counsel) for Stover C. Winger, objecting beneficiary-appellant.

Franklin J. Stransky, of Chicago, for said reporting trustees-appellees.

PRESIDING JUSTICE DOVE delivered the opinion of the court.

By the provisions of his will, Daniel C. Stover created a testamentary trust, designated three trustees to administer the same and fixed their compensation. Following his death on January 17, 1908, his will was duly admitted to probate by the Probate Court of Stephenson county. Its validity was contested and sustained as disclosed by a reference to Altemeier v. Harris, 403 Ill. 345

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