Anderson v. Olsen
| Decision Date | 15 February 1938 |
| Docket Number | Gen. No. 39401. |
| Citation | 13 N.E.2d 210,293 Ill.App. 637 |
| Parties | ANDERSON ET AL. v. OLSEN ET AL. |
| Court | United States Appellate Court of Illinois |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Cook County; Walter T. Stanton, Judge.
Suit for accounting by Lillian M. Anderson and others against William Oscar Olsen, individually and as trustee, and others. Plaintiff Lillian M. Anderson, plaintiff Ethel Grimsell, and Mabel Adelaide Dunne, represented by plaintiff Edwin L. Gidley, as substituted administrator with will annexed, were beneficiaries of realty under the will of Hannah C. Olsen, subject to a life estate. Named defendant, the brother of such beneficiaries and an executor, induced such beneficiaries, who were inexperienced in business affairs, to enter into an agreement whereby the brother purchased the realty in the names of his daughters and agreed to distribute two-thirds of the proceeds to the beneficiaries and hold the remainder and part of the income previously received from the realty as trustee for the life tenant and the other beneficiaries. The complaint alleged that the brother refused to account. From an order dismissing the complaint as to defendants Mabel A. Olsen and Hortense M. Olsen, the daughters of named defendant, plaintiffs appeal, opposed by the daughters.
Reversed and remanded, with directions. O'Connor & Conroy, of Chicago (Vincent H. O'Connor, of Chicago, of counsel), for appellants.
Eckert & Peterson, of Chicago (A. R. Peterson and Walter W. Ross, Jr., both of Chicago, of counsel), for appellees.
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...cure this defect by amendment. See Berry v. G. D. Searle & Co. (1974), 56 Ill.2d 548, 556, 309 N.E.2d 550; Anderson v. Olsen (1st Dist.1938), 293 Ill.App. 637, 13 N.E.2d 210 (Abst.). Having found that the plaintiffs' complaints state causes of action predicated on strict tort liability theo......
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