Opinion
Gen. No. 40,383. (Abstract of Decision.)
Opinion filed April 2, 1940
ASSIGNMENTS, § 3 — future rights. Where decedent assigned all his property, present and future, to institution of the aged, in consideration for living at the home and being afforded a burial, such assignment of future property prevailed over subsequent attempt to make a gift inter vivos of a bank account, and since it was not objected below that such claim was cognizable only in equity, so that municipal court of Chicago could not grant relief, such objection could not be raised on appeal.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOSEPH H. McGARRY, presiding.
Judgment reversed and judgment here in favor of intervening petitioner and against defendant for $330.51 and in favor of intervening petitioner and against plaintiff for costs. Heard in second division, first district, this court at October term, 1938.
Ernest A. Eklund, for appellant;
John N. Thornburn, of counsel;
Miller, Kamenear Margolis, for appellee;
Leon N. Miller and Nunzio Giambalvo, of counsel.
"Not to be published in full." Opinion filed April 2, 1940.