{
  "id": 5369533,
  "name": "In re Estate of Catherine Welch, deceased. On Appeal of John H. O'Brien, Appellant, v. Margaret Welch, Appellee",
  "name_abbreviation": "O'Brien v. Welch",
  "decision_date": "1914-05-04",
  "docket_number": "Gen. No. 19,315",
  "first_page": "200",
  "last_page": "201",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 200"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 191,
    "char_count": 2448,
    "ocr_confidence": 0.542,
    "sha256": "1962ef4783e0dc75a32e3fcc88a9f603736ad38273c3ff348c4a69fa15e0a50d",
    "simhash": "1:28fe02fbca4ba51c",
    "word_count": 407
  },
  "last_updated": "2023-07-14T19:18:25.002075+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In re Estate of Catherine Welch, deceased. On Appeal of John H. O\u2019Brien, Appellant, v. Margaret Welch, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Francis A. McDonnell, for appellant.",
      "George E. Brannan, for appellee."
    ],
    "corrections": "",
    "head_matter": "In re Estate of Catherine Welch, deceased. On Appeal of John H. O\u2019Brien, Appellant, v. Margaret Welch, Appellee.\nGen. No. 19,315.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding.\nHeard in this court at the March term, 1913.\nAffirmed.\nOpinion filed May 4, 1914.\nStatement of the Case.\nProceeding by Margaret Welch, administratrix of the estate of Catherine Welch, deceased, against John H. 0 \u2019Brien by citation in the Probate Court under section 81 of the act relating to \u201cAdministration of Estates,\u201d J. & A. \u00b6 130. The Probate Court entered an order directing defendant to pay a certain sum found in his possession to the administratrix. On defendant\u2019s appeal to the Circuit Court a like order was entered. From the order of the Circuit Court, defendant appeals.\nFrancis A. McDonnell, for appellant.\nGeorge E. Brannan, for appellee.\nAbstract of the Decision.\n1. Executors and administrators, \u00a7 95 \u2014when objections to affidavit waived. Objection to the sufficiency of an affidavit filed by an administratrix in pursuance of section 81 of the statute relating to \u201cAdministration of Estates,\u201d J. & A. \u00b6 130, is waived by the party appearing and going to trial.\n2. Executors and administrators, \u00a7 94 \u2014necessary parties in proceeding by citation. It is not necessary to make the beneficiaries of an estate parties to a proceeding by citation under section 81 of the statute relating to the \u201cAdministration of Estates,\u201d J. & A. 1f 130.\n3. Gifts, \u00a7 29 \u2014when evidence insufficient to establish gift inter vivos in trust. In a proceeding by citation under section 81 of the statute relating to \u201cAdministration of Estates,\u201d where the person cited claimed that certain property was given him by the intestate to hold in trust for the benefit of certain persons, held that the evidence was insufficient to establish a gift inter vivos in trust, it appearing that defendant was the intestate\u2019s agent with -reference to the sale of certain real estate and collected the money therefrom which he retained, of which the fund in question was a part, and that the money was considered as belonging to the intestate to he disposed of in whatever manner she saw fit during her lifetime, without any intention of parting with its control\nSee Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0200-01",
  "first_page_order": 246,
  "last_page_order": 247
}