Categories: Illinois Appellate Court Opinions

LASECKI v. FISCHER, 310 Ill. App. 259 (1941)

33 N.E.2d 893

F. E. Lasecki, Administrator De Bonis Non of Estate of Stanley Borek, Deceased, Appellant, v. Barbara A. Fischer and Walter Fischer, Appellees.

Gen. No. 41,372. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed April 23, 1941 Rehearing denied May 15, 1941

INSURANCE, § 172[*] — change of beneficiary, propriety. In action by administrator to impress trust on proceeds of life insurance policy, lower court properly held that no trust was created when insured changed the beneficiary to defendant shortly before his death, plaintiff admitted that the change of beneficiary was valid, and no trust arose because de-fendant was the attorney of insured, where defendant exerted no influence to procure the change of beneficiary.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Superior Court of Cook county; Hon. DONALD S. McKINLAY, presiding.

Affirmed. Heard in third division, first district,

Page 260

this court at October term, 1940.

Joseph F. Elward, for appellant;

Raymond F. McNally, Jr., of counsel;

Maximilian J. St. George, for appellee Barbara A. Fischer.

Opinion by PRESIDING JUSTICE HEBEL.

“Not to be published in full.” Opinion filed April 23, 1941; rehearing denied May 15, 1941.

jdjungle