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Turek v. Mahoney

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eBook details

  • Title: Turek v. Mahoney
  • Author : Supreme Court of Illinois
  • Release Date : January 27, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Plaintiff, Edward C. Turek, appellant here, filed his amended complaint, seeking construction of article 2 of the last will and testament of his father, claiming that by that article of the will he is entitled to an undivided one-half interest in certain real estate in Cook County, owned at the time of testator's death by the testator and defendant, Mildred M. Mahoney, appellee here, as tenants in common. On defendant's motion the complaint was dismissed for want of equity and plaintiff brings this direct appeal, a freehold being involved. The will in article I provides generally for payment of testator's debts and gives the sum of one dollar to each of three named children of testator. Article 2 then provides: ""All of the rest, residue and remainder of all my property, real, personal and mixed, and all effects of every kind, nature and description whatsoever which I now have, may die possessed of, or may be entitled to, I give, devise and bequeath as follows: (a) one-half (1/2) thereof to my son EDWARD C. TUREK. (b) one-half (1/2) thereof to my beloved step-daughter, MILDRED M. MAHONEY. to be theirs respectively, exclusively and forever."" Article 3 provides for the appointment of Mildred M. Mahoney as executrix and orders distribution.


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