In re Estate of Vanderwater

Full title: In re Estate of Walter S. Vanderwater, Deceased. City National Bank of…

Court: Appellate Court of Illinois, Second District

Date published: May 28, 1945

326 Ill. App. 81 (Ill. App. Ct. 1945)

61 N.E.2d 392

Opinion

Gen. No. 10,002. (Abstract of Decision.)

Opinion filed May 28, 1945 Released for publication June 18, 1945

ESTATES OF DECEDENTS, § 670^_ — jurisdiction of probate courts over residuary trust property. Jurisdiction of probate court extends to all matters necessarily involved in disposition of estates of deceased persons from time of owner's death until all debts and legacies have been paid and residue of property has been placed in possession of those to whom it devolves, and trust in residue of property committed to executor can only become operative after settlement of estate is completed and trustee receives property from executor.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Kankakee county; the Hon. ROSCOE C. SOUTH, Judge, presiding.

Decree affirmed. Heard in this court at the February term, 1945.

V.W. McIntire for appellant;

C.M. Granger and W.C. Schneider, for appellee.

Opinion by PRESIDING JUSTICE DOVE.

Not to be published in full. Opinion filed May 28, 1945; released for publication June 18, 1945.