Roeske v. First National Bank

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Paul H. Roeske, plaintiff, sued the executor and the legatees named in the will of his brother, John F. K. Roeske, deceased. In one action he sought to contest the will, and in the other to impose a constructive trust upon the decedent’s assets. The cases have been consolidated for appeal. The second amended complaint in the will contest suit and the amended chancery complaint were both dismissed on motion of the defendants and plaintiff appeals.

In his amended complaint in the will contest action plaintiff alleged in count I…