Legal Opinion

Yore v. Cook

Appellate Court of Illinois

Decided January 7, 1897PublishedCited by 2 opinions

In Probate.—Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding.

1Opinion of the CourtJustice Waterman

That the fund in question was derived from real estate, as the result of the condemnation of, and payment for, lands, does not affect its character when received in money by the deceased, and handed to Mr. McCagg.

Personal property is distributed in accordance with the law of the intestate’s domicile. Kent’s Commentaries, 12th Ed., Vol. 2, p. 430, 431; Russell v. Madden, 95 Ill. 485; Young v. Wittenmyre, 123 Ill. 303; Cooper v. Beers, 143 Ill. 25; Walker v. Welker, 55 Ill. App. 118.

Undoubtedly Mr. McCagg held this money in trust for its owner, Mrs. Yore, but such trust did not change its…

2Cases cited4 opinions

  1. Cooper v. BeersIllinois Supreme Court · 1892
  2. Young v. WittenmyreIllinois Supreme Court · 1888
  3. Russell v. MaddenIllinois Supreme Court · 1880
  4. Walker v. WelkerAppellate Court of Illinois · 1894

3Cited by2 opinions

  1. Hawaiian Trust Co. v. McMullanHawaii Supreme Court · 1917
  2. Rutledge v. WiggingtonCourt of Appeals of Kentucky · 1915

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