Opinion
Gen. No. 44,699. (Abstract of Decision.)
Opinion filed October 26, 1949 Released for publication November 10, 1949
FORMER ADJUDICATION, § 94.2 — divorce matters. Where court had jurisdiction of subject matter and parties, unappealed decree dismissing petition filed in divorce case by divorced mother as next friend of minor child, for whom guardian ad litem was appointed, to enforce provisions of divorce decree pertaining to trust established for child's benefit by father prior to divorce was res judicata and barred subsequent proceedings by mother, as guardian of child's estate, against deceased father's executrix to compel specific performance of trust agreement for benefit of child (Ill. Rev. Stat. 1947, ch. 22, par. 5; Jones Ill. Stats. Ann. 106.02).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. LEONARD C. REID, Judge, presiding.
Decree affirmed. Heard in the third division, first district, this court at the February term, 1949.
Thomas H. Murray, for appellant;
Cornelius R. Palmer, for appellees.
Not to be published in full. Opinion filed October 26, 1949; released for publication November 10, 1949.