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In re Estate of Palmer

Appellate Court of Illinois, First District
May 18, 1945
326 Ill. App. 254 (Ill. App. Ct. 1945)

Opinion

Gen. No. 42,998. (Abstract of Decision.)

Opinion filed May 18, 1945 Rehearing denied June 8, 1945 Released for publication June 8, 1945

GIFTS, § 9when gift of savings deposit by dying man not established. In action to recover assets held by public administrator, where savings bank book and signed withdrawal slips were turned over to plaintiff by decedent during final illness, on day of removal to hospital, less than two months before death, and where evidence indicated that decedent had a brother and that plaintiff was to turn over some of money to him as directed by decedent, held that gift to plaintiff, either causa mortis or inter vivos, was not established in absence of clear and convincing proof of decedent's intent.

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

Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.

Order affirmed. Heard in the third division, first district, this court at the February term, 1944.

David J. Maddox, for appellant;

Levinson, Becker, Peebles Swiren, for appellee;

Don M. Peebles, William J. Lunn and Joseph H. Albaum, of counsel.


Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.


Summaries of

In re Estate of Palmer

Appellate Court of Illinois, First District
May 18, 1945
326 Ill. App. 254 (Ill. App. Ct. 1945)
Case details for

In re Estate of Palmer

Case Details

Full title:In re Estate of Anderson Palmer, Deceased. Mills, Appellant, v. John T…

Court:Appellate Court of Illinois, First District

Date published: May 18, 1945

Citations

326 Ill. App. 254 (Ill. App. Ct. 1945)
61 N.E.2d 289

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