Berber v. Hass

Plaintiffs appeal directly, on the premise that a freehold is involved, from an order of the superior court of Cook County, dismissing their complaint in chancery which prayed, among other things, that the court set aside a deed made by defendant, their brother, to himself while executor of their mother’s will.

Testatrix died January 31, 1962, leaving a will which devised her real estate to her three children, Albert Hass and Mildred Berber, plaintiffs herein, and Ernst Hass, defendant herein, in equal shares. Section 5 gave Ernst Hass the option to purchase the realty within 9 months from the…