Opinion
Gen. No. 43,947. (Abstract of Decision.)
Opinion filed June 25, 1947 Rehearing denied July 17, 1947 Released for publication July 18, 1947
ESTATES OF DECEDENTS, § 295 — claim to establish stock certificates and dividends as joint property of petitioners and decedent's estate, sufficieney of proof. In proceeding by decedent's brothers and sisters to establish that stock certificates issued in name of decedent in lieu of certificates bearing name of their deceased mother, as well as dividends thereon, were joint property of decedent's estate and petitioners, alleging that after mother's death certificates bearing her name were turned over to decedent for management pursuant to agreement and that latter without authority caused their cancellation and reissuance to him of certificates in question, testimony of witnesses as to conversations in which decedent stated that he held stock and dividends for petitioners and himself and that he would sell stock when price was right and distribute proceeds and income, as well as evidence that decedent's administratrix intended to distribute stock, warranted trial court's finding that stock and dividends were property of petitioners and decedent's estate and not solely that of latter.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Affirmed. Heard in the third division, first district, this court at the December term, 1946.
Aiken, McCurry, Bennett Cleary, for appellant;
Charles R. Aiken, of counsel;
Harry J. Myerson, for appellees.
Not to be published in full. Opinion filed June 25, 1947; rehearing denied July 17, 1947; released for publication July 18, 1947.