Appeal from the Circuit Court of Cook County, Probate
Division; the Hon. JAMES M. CORCORAN, Judge, presiding. Reversed
This is an appeal from a judgment of the Circuit Court ordering the respondent, Chester Kary, to pay to petitioners, Chester Karolkiewicz and Stella Powell, the sum of $16,787.56. This sum was two-thirds of the estate of Adolph Karolkiewicz. Chester Kary was the son and sole heir of decedent. A motion for summary judgment was allowed.
The petitioners alleged that they were the brother and niece of the decedent, that prior to decedent's death they took care of decedent in return for decedent's promise to leave his money to petitioners, that said moneys were deposited in three savings and loan accounts and in a Chicago Park District Benefit, and that decedent gave petitioners his bankbooks covering the said deposits.
The petition further alleged that following the death of Adolph Karolkiewicz, the respondent entered into a written agreement with petitioners that respondent would pay petitioners two-thirds of whatever moneys he would receive from the estate in consideration of petitioners' forbearance with regard to making a claim against the estate. The agreement, written on stationery of an attorney under date of February 25, 1966, being fifteen days after decedent's death, is as follows:
"We, CHESTER KARY, formerly known as CHESTER KAROLKIEWICZ, CHESTER KAROLKIEWICZ and STELLA POWELL desire to make an agreement whereby the property of ADOLPH KAROLKIEWICZ is to be divided in equal shares among the three of us. The share division is to be made after the following bills are paid:
"1. Illinois Masonic Hospital $ 156.25 "2. Ambulance charges 20.00
"The approximate assets of the late Adolph Karolkiewicz are:
"1. Silver Leaf Savings and Loan Account # 52634 .............................. $5,881.00
"2. Clyde Savings and Loan Account, # 88041 .............................. 9,000.00
"3. Clyde Savings and Loan Account # 85931 .............................. 9,000.00
"4. Chicago Park District Benefit 420.66
"This agreement is to be made pursuant to and in recognition of the care and affection given to Adolph Karolkiewicz by his brother, Chester Karolkiewicz and his niece, Stella Powell.
"We desire Joseph C. Michelotti to represent us as attorney in preparing the agreement and to represent Chester Kary in the matters relating to the estate of Adolph Karolkiewicz, deceased.
S/ CHESTER KAROLKIEWICZ S/ CHESTER KARY S/ STELLA POWELL
"I hereby acknowledge receipt of the above described account books and ...