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Mund v. Friedman

DECEMBER 6, 1967.

ROSE MUND, INDIVIDUALLY AND AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF SARAH KANNER, DECEASED, PLAINTIFF-APPELLEE,

v.

MANDEL FRIEDMAN, ET AL., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF YOMAN BERNIE FRIEDMAN, DECEASED, BERNARD FRIEDMAN, DARCO, INC., AN ILLINOIS CORPORATION, AND MARGUERITE BETTY MILLER, DEFENDANTS, MANDEL FRIEDMAN, DEFENDANT-APPELLANT. THE CITY OF SPRINGFIELD, AN ILLINOIS MUNICIPAL CORPORATION, PLAINTIFF-APPELLEE,

v.

ISADORE K. FRIEDMAN, A/K/A I. KANNER FRIEDMAN, ET AL., INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF SARAH KANNER, DECEASED, ESTHER FRIEDMAN, ET AL., THE FIRST NATIONAL BANK OF SPRINGFIELD, A CORPORATION, THE ILLINOIS NATIONAL BANK OF SPRINGFIELD, ET AL., DEFENDANTS, MANDEL FRIEDMAN AND ESTHER FRIEDMAN, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Sangamon County; the Hon. PAUL C. VERTICCHIO, Judge, presiding. Decree affirmed.

PER CURIAM.

Rehearing denied January 23, 1968.

Sarah Kanner, a resident of Springfield, executed her Last Will and Testament on July 16, 1936, and thereafter, on May 29, 1940, and September 9, 1946, she executed codicils thereto. Following her death on November 9, 1947, her will and codicils were duly admitted to probate. On July 25, 1963, Rose Mund, a beneficiary, filed the instant complaint praying for the partition of certain premises described in the will. Mandel Friedman, a defendant, answered the complaint and filed a counterclaim seeking a construction and interpretation of said will and codicils. Replies were filed to the counterclaim, and on December 3, 1963, the cause was referred to the Master in Chancery. This order, however, was subsequently vacated, and the cause heard by the court, resulting in a decree to reverse which Mandel Friedman appeals.

Counsel for appellant states that the sole question presented to this court for consideration is the construction and interpretation of the last will of Sarah Kanner, particularly, paragraphs 6 to 14 inclusive and the paragraphs alluding thereto in the two codicils. These paragraphs are:

"SIXTH

"I give, devise and bequeath to my beloved nephew, Simon Sweetman Friedman, the building known and described as 803-805 East Jefferson Street, Springfield, Illinois, and the building known and described as 1130 South Sixth Street, Springfield, Illinois, to be his absolutely and forever.

"SEVENTH

"I give, devise and bequeath to my beloved nephew, Archie Friedman, the building known and described as 721 East Washington Street, Springfield, Illinois; the building known and described as 1100-1104 East Jefferson Street, Springfield, Illinois; the building known and described as 118-120 North Eleventh Street, Springfield, Illinois, to be his absolutely and forever.

"EIGHTH

"I give, devise and bequeath to my beloved nephew Mandel Friedman, the building and premises known and described as 731 East Washington Street, Springfield, Illinois, and extending from the lot line thereof, 157 feet north; the building known and described as 1912 West Grand Avenue South, Springfield, Illinois; the building known and described as 1237 North Second Street, Springfield, Illinois, to be his absolutely and forever.

"NINTH

"I give, devise and bequeath to my beloved nephew, Bernard Friedman, the building and premises known and described as 727 East Washington Street, Springfield, Illinois, and extending from the lot line thereof, 157 feet north; the apartment building known and described as 509-511 North Sixth Street, Springfield, Illinois; Lot Sixteen (16), Block Eighteen (18) of Well's and Peck's Addition to the City of Springfield, situated in the County of Sangamon, State of Illinois, to be his absolutely and forever.

"TENTH

"I give, devise and bequeath to my beloved nephew, Jacob Rufus Friedman, the building and premises known and described as 729 East Washington Street, Springfield, Illinois, and extending from the lot line thereof, 157 feet north; the building known and described as 726 East Washington Street, Springfield, Illinois; the building known and described as 714 East Madison Street, Springfield, Illinois; the building known and described as 716 East Madison Street, Springfield, Illinois, the building known and described as 720 East Madison Street, Springfield, Illinois, and also the lot and ground 40 feet wide and 157 feet deep immediately to the west of the property hereinbefore described as 714 East Madison Street, Springfield, Illinois, to be his absolutely and forever.

"ELEVENTH

"I give, devise and bequeath to my beloved nephew, Adolph Friedman, the building and premises known and described as 725 East Washington Street, Springfield, Illinois, and extending from the lot line thereof 157 feet north; the building known and described as 1921 South Seventh Street, Springfield, Illinois; the building known and described as 913 East Madison Street, Springfield, Illinois; the building known and described as 313 North Eleventh Street, Springfield, Illinois; the building known and described as 317 North Eleventh Street, Springfield, Illinois; also the second lot west of Eleventh Street, on the south side of Mason Street and being 40 feet by 157 feet, to be his absolutely and forever.

"TWELFTH

"I give, devise and bequeath to my beloved niece, Marguerite Betty Miller, the building known and described as 400 West Allen Street, Springfield, Illinois; the building known and described as 419 North Sixth Street, Springfield, Illinois; the building known and described as 1125 East Carpenter Street, Springfield, Illinois; the building known and described as 1129 East Carpenter Street, Springfield, Illinois; the building known and described as 1000 East Mason Street, Springfield, Illinois; the building known and described as 324-326 North Tenth Street, Springfield, Illinois, to be hers absolutely and forever.

"THIRTEENTH

"I give, devise and bequeath to my beloved niece, Rosie Mund, the building known and described as 415 North Sixth Street, Springfield, Illinois; the building known and described as 427 North Sixth Street, Springfield, Illinois; the earrings, diamonds and pin which I have been wearing, to be hers absolutely and forever.

"FOURTEENTH

"I give, devise and bequeath to by beloved niece, Hannah Feir, the building known and described as 223 North Sixth Street, Springfield, Illinois; the building known and described as 419 North Seventh Street, Springfield, Illinois, to be hers absolutely and forever."

The codicil of May 29, 1940, after declaring it to be a codicil of her will of July 16, 1936, provided:

"WHEREAS, by the said Last Will and Testament, I gave, bequeathed and devised unto my beloved nephews, Adolph Friedman, Bernard Friedman, Jacob Rufus Friedman and Mandel Friedman, respectively, the buildings and premises known and described respectively as 725 East Washington Street, 727 East Washington Street, 729 East Washington Street and 731 East Washington Street, Springfield, Illinois,

"AND, WHEREAS, to the north of the said buildings and premises so given, devised and bequeathed, there is a driveway and alley,

"AND, WHEREAS, it is my intention to preserve the said driveway and alley for the sole use and benefit of all of my said nephews and of all future owners ...


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