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IN RE ESTATE OF GREEN

No. 35094.

16 Ill.2d 598 (1959)

158 N.E.2d 610

In re ESTATE OF MARTHA GREEN. — (OSCAR L. GREEN, Appellee, v. HERSCHEL S. GREEN, Appellant.)

Supreme Court of Illinois.

Opinion filed May 22, 1959.

Attorney(s) appearing for the Case

RALPH E. SUDDES, of Mattoon, and LAWRENCE H. LENZ, of Springfield, for appellant.

AUGUST F. BRANDT, of Grosse Pointe, Michigan, and JACKSON R. HUTTON, of Danville, for appellee.

Vacated in part, and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The parents of Herschel and Oscar Green — James A. and Martha Green — executed their wills in 1934. Each of their wills gave the other a residual estate for life with a right to dispose of the property which was qualified by the condition that the approval of Herschel Green, who was named as executor and trustee in each will, was a prerequisite to any sale...

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