#### Mary J. Hamilton, residuary legatee under the last will and testament of David G. Hamilton, deceased, appellee, v. City of Chicago, appellant.

Gen. No. 29,791.

Action for money had and received. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed June 9, 1925.

Francis X. Busch, Corporation Counsel, and F. T. Huening, Assistant Corporation Counsel, for appellant; Cora B. Hirtzel, Assistant Corporation Counsel, of counsel.

Samuel M. Booth, for appellee.

Mr. Justice Gridley

delivered the opinion of the court.