Legal Opinion

Gubbins v. O'Mahony

Appellate Court of Illinois

Decided December 19, 1912No. Gen. No. 17,476Published

Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1911.

1Opinion of the CourtJustice McSurely

The appellee, Mary A. G-ubbins, was one of a number of beneficiaries named in the will of Timothy O’Mahony, in which Philip O’Mahony was made executor. She filed her bill in chancery seeking a decree ordering Philip O’Mahony to sell real property of the estate and to distribute the proceeds under the terms of the will. Other relief was also prayed for. It was contended by the defendants to the bill that the matter of a sale of real property was, under the will, solely within the discretion of the executor. Upon hearing the chancellor decreed the sale of the real property. From that decree…

2Cases cited3 opinions

  1. Ebert v. BeedyIllinois Supreme Court · 1885
  2. Aff v. HopkinsAppellate Court of Illinois · 1895
  3. American Building, Loan & Investment Society v. People ex rel. MoloneyAppellate Court of Illinois · 1895

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