Sandberg v. Sandberg

Full title: William J. Sandberg and George N. Sandberg, Trustees Under the Last Will…

Court: Appellate Court of Illinois, First District

Date published: May 22, 1940

305 Ill. App. 499 (Ill. App. Ct. 1940)

27 N.E.2d 870

Opinion

Gen. No. 40,795. (Abstract of Decision.)

Opinion filed May 22, 1940 Rehearing denied June 14, 1940

GUARDIANS AD LITEM AND NEXT FRIENDS, § 6^_ — removal pending appeal. In action by plaintiffs to be confirmed as trustees for certain real estate owned by an incompetent, lower court did not have jurisdiction, after notice of appeal was filed, to remove defendant as guardian ad litem and appoint another, and testamentary trust was properly created by conveying property to the incompetent and then providing that his two brothers should act as trustees without compensation.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook County; Hon. CORNELIUS J. HARRINGTON, presiding.

Affirmed in part and reversed in part. Heard in third division, first district, this court at June term, 1939.

Maurice Sokoloff, for appellant;

Yellen Grant, of counsel;

Gustav E. Beerly, for certain appellees;

Joseph Foran, for certain other appellee.

Opinion by JUSTICE HEBEL.

"Not to be published in full." Opinion filed May 22, 1940; rehearing denied June 14, 1940.