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ESTATE OF FRANKE

Gen. No. 53,328.

124 Ill. App.2d 24 (1970)

259 N.E.2d 841

Estate of Alfred A. Franke, Deceased. Louis Dardano, Conservator of the Estate of Mary Damico, Incompetent, Claimant-Appellee, Cross-Appellant, v. The First National Bank of Chicago, Executor of the Will of Alfred A. Franke, Deceased, Respondent-Appellant, Cross-Appellee.

Appellate Court of Illinois — First District, Second Division.

April 21, 1970.

Attorney(s) appearing for the Case

Mitchell and Russell, of Chicago (Thomas J. Russell, William H. Kelly, Jr., of counsel), for respondent-appellant.

Posanski, Johannsen, Krohn & Jacobs, of Chicago, for appellee.

ON REHEARING

MR. JUSTICE BURKE delivered the opinion of the court.

This appeal arose out of a claim filed by Mary Damico in the amount of $81,973, by which she sought to impose a constructive trust against the estate of the decedent, Alfred A. Franke, on the ground that the decedent held and invested her income which she had allegedly earned as decedent's housekeeper over a number of years. The trial court allowed the claim in the amount of $28,080, representing...

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