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Jaeger v. Stein

OCTOBER 9, 1957.

PAUL R. JAEGER AND FRED C. HACKE, PLAINTIFFS-APPELLANTS,

v.

FRANK STEIN ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Peoria county; the Hon. HENRY J. INGRAM, Judge, presiding. Affirmed.

PRESIDING JUSTICE CROW DELIVERED THE OPINION OF THE COURT.

This is a suit to foreclose the lien or charge alleged to have been imposed upon certain real estate devised in the Last Will and Testament of Frank F. Stein, deceased. The complaint was filed November 2, 1933. Without relating the details of the prolonged proceedings in the lower court, we need only point out that the matter was referred to a master who found for the plaintiffs and subsequently the trial court sustaining objections to the findings of the master, found that the plaintiffs did not have a lien and that they had been guilty of laches which barred them from relief. From that decree, plaintiffs have taken this appeal.

Frank F. Stein died testate a resident of Peoria county on July 2, 1919. His Last Will and Testament was admitted to probate in the Probate Court of Peoria county. The Estate was closed and the executor discharged. Since the testator's Last Will and Testament is not lengthy, we set it out in full:

"I, Frank F. Stein, of Trivoli, County of Peoria, and State of Illinois, being of sound mind and memory, do hereby make, publish and declare this to be my Last Will and Testament.

"First: It is my will and I hereby direct that all my just debts and funeral expenses be fully paid by my Executor hereinafter named.

"Second: It is my will, and I hereby give, devise and bequeath unto my beloved son, Nicholas A. Stein, for and during his natural lifetime, all of the real property of which I may die possessed, subject to the provisions and exceptions herein named, namely:

"Subject, however, that the said Nicholas S. Stein is to pay or cause to be paid unto my beloved wife, Mary C. Stein, one third (1/3) of the net income from said real estate, for and during her natural life.

"Subject, also, to the provisions that the said Nicholas A. Stein is to pay or cause to be paid over to my beloved daughter, Leafy A. Jaeger, one third (1/3) of the net income from said real estate for and during the natural life of my beloved wife, Mary C. Stein. At the death of my beloved wife, Mary C. Stein, the said Nicholas A. Stein is to pay or cause to be paid over to my beloved daughter, Leafy A. Jaeger, the sum of Ten Thousand ($10,000) Dollars, the same being in full liquidation and settlement of any and all interest of the said Leafy A. Jaeger in and to said real estate. The meaning and intention of the above provision of this my Last Will is, to give to the said Mary C. Stein the one-third (1/3) income from said real estate for and during her life; and to give to my beloved daughter one-third (1/3) income from said real estate during the life of my beloved wife. At the death of my beloved wife, the one-third (1/3) income to be paid by the said Nicholas A. Stein to Leafy A. Jaeger is to cease, and he is to pay to said Leafy A. Jaeger Ten Thousand ($10,000) Dollars in cash or its equivalent, and all future payments, in view of her settlement of Ten Thousand ($10,000) Dollars, by said Nicholas A. Stein, to cease.

"Third: It is my will, and I hereby give, devise and bequeath unto the children of Nicholas A. Stein, in fee simple title to any and all real estate of which I may die possessed, after the expiration of the life estates of said Nicholas A. Stein, Mary C. Stein and Leafy A. Jaeger, as is hereinabove provided.

"Fourth: It is my will, and I hereby give, devise and bequeath unto my beloved son, Nicholas A. Stein, any and all personal property of which I may die possessed, the same being subject to the rights of my beloved wife, as is in such case made and provided by statute. The intention of this provision being to give to my beloved wife such personal property as is given her by the laws of the State of Illinois, and all the remainder to be the absolute property of my son, Nicholas A. Stein.

"Fifth: And it is my Will and I do hereby name and appoint my beloved son, Nicholas A. Stein, executor of this my Last Will and Testament. In case of his inability, for any reason, to act as such, then, in that case, I hereby appoint Mary C. Stein to act in his stead.

"Dated at Peoria, Illinois, this second day of June, A.D. 1919.

Frank F. Stein (Seal)"

At his death Frank F. Stein left surviving, as his only heirs at law, his widow, Mary C. Stein, his son, Nicholas A. Stein, and his daughter, Leafy ...


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