Opinion
Gen. No. 41,350. (Abstract of Decision.)
Opinion filed December 23, 1940 Rehearing denied January 6, 1941
ESTATES OF DECEDENTS, § 295 — trust, sufficiency of evidence. Claim against estate was properly refused, where evidence showed that decedent executed a contract with her three sons whereby they were to manage a coal company she owned, the stock of which was turned over to a trustee, and if earnings warranted it the sons were to vote for a declaration of dividends of $12,000 per year, and the sons contended that their mother agreed to hold in trust any amount paid as dividends which the company did not actually earn, but testimony of witnesses was merely to the effect that the mother had stated she was going to give such amount to her sons, but there was insufficient evidence to show that a trust had been established.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.
Affirmed. Heard in first division, first district, this court at October term, 1940.
Lord, Bissell Kadyk and Barry Crowley, for appellant;
C.H.G. Heinfelden and Jerome J. Crowley, of counsel;
D'Ancona, Pflaum Kohlsaat, for appellee;
D.H. Mann, of counsel.
"Not to be published in full." Opinion filed December 23, 1940; rehearing denied January 6, 1941.