ADAM v. ALBERS

Gen. No. 47,365.

19 Ill. App.2d 109 (1958)

153 N.E.2d 279

Josephine H. Adam, Appellant, v. Charles H. Albers, as Receiver, etc., et al., Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication October 23, 1958.


Attorney(s) appearing for the Case

Robert E. Dunne and Donald P. Vail, of Chicago, for appellant.

Kirkland, Fleming, Green, Martin & Ellis, of Chicago (Georges H. Dapples, Stewart Dixon, of counsel) for appellees.


PRESIDING JUSTICE McCORMICK delivered the opinion of the court.

This appeal was taken from that portion of a decree of the Circuit Court of Cook County which construed a will. The question involved is whether, under a trust created by a will which provides for a gift of money to be paid monthly during the lifetime of the beneficiary out of the income of the trust estate, such payments should be cumulative, and as to whether the trustee should, out of surplus income...

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