Opinion
Gen. No. 41,343. (Abstract of Decision.)
Opinion filed June 25, 1940
INJUNCTIONS, § 195 — interlocutory, issuance without notice. Interlocutory injunction was improperly issued without notice, where wife had renounced her husband's will, and upon her death her administratrix sought to enjoin distribution of the husband's estate because it would deprive her of the share the wife was entitled to upon renunciation, there being no allegation of fraud, accident or mistake in the probate court, and no allegation that order of distribution was entered without notice to her or without her appearance.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from interlocutory order of Superior Court of Cook county; Hon. JOHN C. LEWE, presiding.
Reversed. Heard in first division, first district, this court at June term, 1940.
Wolff, Keane, O'Leary Gomberg, for appellants;
Philip Baim, for appellee.
"Not to be published in full." Opinion filed June 25, 1940.