Legal Opinion

Whitbeck v. Whiting

Appellate Court of Illinois

Decided July 11, 1895Published

Order Granting Injunction,—Appeal from the Circuit Courtof Cook County; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the March term, 1895.

1Opinion of the CourtJustice Gary

This is an appeal from an interlocutory order granting an injunction. The bill filed by the appellee sets out that the appellant is the surviving executor of the last will of David Whiting deceased; that the appellee is one of the beneficiaries under the will, and David T. Whiting, among others, is another; that under a power of attorney from the appellant, the appellee collected the money accruing to the estate under insurance policies, and that “ the equity title ” to it is in the beneficiaries under the will; that the appellant has sued the appellee at law to recover the money, and a…

2Cases cited6 opinions

  1. Lewis v. LyonsIllinois Supreme Court · 1851
  2. Badeau v. Rogers & SecordNew York Court of Chancery · 1830
  3. Marvin v. EllwoodNew York Court of Chancery · 1844
  4. Wing v. SpauldingSupreme Court of Vermont · 1891
  5. Commercial National Bank v. NewmanAppellate Court of Illinois · 1894

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