McCarthy v. McCarthy

Earl C. McCarthy, the appellant, filed a complaint in the superior couih of Cook County for partition of a Chicago apartment property, alleging ownership of an undivided one-half interest as residuary legatee under the last will and testament of Agnes Schmerker, deceased. The complaint alleged that the other • undivided one-half was vested in Edna B. McCarthy, appellant’s wife, by virtue of a conveyance made by him subsequent to the death of the testatrix.

The facts alleged in the pleadings disclose that appellant’s claim of ownership arises from the following circumstances : Agnes Schmerker,…