GARDNER v. NORTHERN TRUST CO.

Gen. No. 47,825.

25 Ill. App.2d 130 (1960)

166 N.E.2d 102

Paul Gardner, Plaintiff-Appellant, v. The Northern Trust Company and Miriam Gardner Steinman, as Executors of the Estate of Hattie G. Gardner, Deceased, and Miriam Gardner Steinman, Individually, Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

Released for publication April 22, 1960.


Attorney(s) appearing for the Case

Fischel, Kahn, Heart, and Weinberg, of Chicago (Jack A. Diamond and Gerald A. Gitles, of counsel) for plaintiff-appellant.

Hoffman and Davis, of Chicago (Maurice L. Davis and David I. Hoffman, of counsel) for defendants-appellees.


JUSTICE BURMAN delivered the opinion of the court.

This is an action to impose a constructive trust on, and recover money from plaintiff's step-mother's estate. Defendants' motion to strike the complaint and dismiss the suit was sustained. Plaintiff appeals.

[1] The well pleaded facts are admitted by the motion. Paul Gardner, plaintiff, and defendant, Miriam G. Steinman, were legally adopted by David S. Gardner and his then wife, Lila, who were...

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