Akerman v. Trosper

This cause comes before us on interlocutory appeal pursuant to Rule 308 (Ill. Rev. Stat. 1980, ch. 110A, par. 308). At issue is whether a court is required to sever a will contest from an action to avoid or impose constructive trusts upon deeds of real property and transfers by gift of personalty. The court below denied the defendants’ motion to sever, finding that “denial of the motion to sever would avoid a duplication and overlap of witnesses and evidence in two separate trials” and that “a single trial of all issues would be more expedient in accomplishing judicial purposes of the trial…