Opinion
Gen. No. 9,921. (Abstract of Decision.)
Opinion filed January 26, 1944 Rehearing denied March 22, 1944
CREDITORS' SUITS, § 34 — when creditor cannot reach lifetime monthly allowance made by will. Where, by will of former wife of judgment debtor, from whom he had been divorced, he was given lifetime monthly allowance which was made lien on testatrix' farm, and judgment creditor levied execution on such testamentary gift and sale thereof was made, and thereafter judgment creditor sought by mandatory injunction to compel payment to him of money that was alleged to be due him, held that, in substance, judgment creditor's complaint was creditor's bill and that trial court properly found that section 49 of Chancery Act applied and properly sustained defendants' motion to dismiss complaint (Ill. Rev. Stat. 1943, ch. 22, par. 49; Jones Ill. Stats. Ann. 106.12).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1943.
Frank E. Maynard, for appellant;
J.E. Goembel and Robert E. Nash, for appellees.
Not to be published in full. Opinion filed January 26, 1944; rehearing denied March 22, 1944.