Legal Opinion · Dissent

Harris Trust & Savings Bank v. Hill

Appellate Court of Illinois

Decided April 4, 1961No. Gen. 48,277Published

1DissentBurke, P. J.

The executor made out a prima facie case of ownership of the stock certificate by proving that it was registered on its face and on the books of the corporation in the name of the decedent and was not endorsed. Sec. 21 of the Uniform Stock Transfer Act, (Sec. 436, Ill. Rev. Stat. 1959). The burden then rested on the respondent to go forward with the evidence. Wagner v. Wagner, 17 Ill. App. 2d 307, 310, 149 N.E.2d 770. She seeks to meet her burden by proving a gift of the certificate to her by decedent. The burden was on her to prove the gift. In re Estates of Antkowski, 286 Ill. App. 184, 3…

2Cases cited8 opinions

  1. Kempski v. HisgenAppellate Court of Illinois · 1936
  2. Heiby v. ReinbergAppellate Court of Illinois · 1946
  3. Storr v. StorrAppellate Court of Illinois · 1946
  4. People Ex Rel. Williams v. WismuthAppellate Court of Illinois · 1954
  5. Jones v. JonesAppellate Court of Illinois · 1934

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