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Ylonen v. Ylonen

OPINION FILED JANUARY 20, 1954.

MYRTLE YLONEN, APPELLEE,

v.

GEORGE YLONEN ET AL., APPELLANTS.



APPEAL from the Superior Court of Cook County; the Hon. JOHN J. LUPE, Judge, presiding.

MR. JUSTICE DAILY DELIVERED THE OPINION OF THE COURT:

This is an appeal from a decree entered by the superior court of Cook County in a proceeding commenced by Myrtle Ylonen, the appellee, against her husband, George Ylonen, who is the principal appellant, for a divorce, for an accounting and for partition of three parcels of real estate, allegedly accumulated through the mutual efforts of the husband and wife, of which appellee claimed to be the equitable owner of a one-half interest. The record shows that prior to the marital difficulties of the parties, appellee had once appeared as the sole owner of record of one of the parcels of land involved and, later, as the sole beneficiary of a trust agreement executed with respect to it. As to the other two parcels, it appears that they were conveyed directly by the sellers to a trustee and that, ultimately, the trust agreements with respect to them provided in one instance that the beneficial interest was vested in appellee and her son as joint tenants and in the other that the beneficial interest was vested in appellee and appellant Ylonen, hereinafter called appellant. In all of said trust agreements, it was provided that the trustee would deal with the title to the land upon the written direction of appellant. Accordingly, on November 18, 1948, appellant, unknown to appellee, directed the trustee to convey all of the real estate to one Peter W. Paganis who, it appears, was an accountant for appellant. On the same day, the trustee executed two trustee's deeds conveying all the real estate in question to Paganis, and the latter, together with his wife, executed two deeds in trust to the Liberty National Bank of Chicago as trustee. The trust agreements in each instance provided that the owners of the beneficial interest in the real estate were Mike and Otto Ylonen, brothers of appellant, and Otto's wife, Impi Ylonen. Both of said agreements also provided that the trustee would deal with the title to the lands upon the written direction of appellant. With the title in this state, appellee made the trustee and Mike, Otto and Impi Ylonen parties defendant to the cause, but Mike Ylonen, a resident of Michigan, was never served with process nor did he submit himself to the jurisdiction of the court. On this appeal, George Ylonen is the principal appellant and has been joined only by the trustee.

Appellee's complaint was filed on February 14, 1950, and three days later the cause was referred to a master in chancery for determination of matters relating to temporary alimony, temporary attorney's fees, costs, and the property rights between the parties. There followed numerous pleadings, counterpleadings and amendments wherein appellee charged her husband with habitual drunkenness and adultery and he countered with charges of desertion and adultery. On this issue, the chancellor, after a hearing in open court and upon an interim report of the master relating to attorney's fees, entered a decree of divorce on September 19, 1952, on appellee's complaint. This decree is not attacked on this appeal. In addition to dissolving the bonds of matrimony, the said decree confirmed the previous order of reference to the master and further referred to him questions of alimony, property rights, fees and costs, and the issues of partition. After numerous hearings, the master filed his report which, for the most part, was confirmed by the chancellor who, on April 9, 1953, entered the order from which this appeal is taken and which, in substance, provides as follows:

(1) That the court has jurisdiction of the subject matter and of the parties, except Mike Ylonen.

(2) That appellee has proved the allegations of her complaint and that the equities are with her.

(3) That appellant pay appellee $175 a month as temporary alimony retroactive to January, 1953, and until appellee shall receive her fair share of the proceeds of the partition of the real estate here involved.

(4) That appellant and appellee each equally owns an undivided one-half interest in each of the three parcels of real estate involved.

(5) That appellant forthwith cause the trustee-bank to convey to appellee an undivided one-half interest in each parcel of real estate and that in the event of his failure to do so, the master is empowered to accomplish such conveyance.

(6) That appellant pay appellee one-half the proceeds realized from the sale and liquidation of a business referred to as the Eddy Stoker Company.

(7) That appellant pay $5000 additional attorney's fees for services rendered to appellee in the cause; that he pay $406.95 due on the transcript of evidence; and that he pay the master's fees and charges.

(8) That appellant is entitled to a credit of $7600 to be deducted from the share and interest of appellee.

(9) That defendants Otto and Impi Ylonen have no right, title or interest in the said real estate and that their claims are forever terminated and barred.

(10) That said decree is entered without prejudice to the right, title and interest of Mike Ylonen.

(11) That the court reserves jurisdiction over the cause to adjudicate the rights of Mike Ylonen in and ...


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