STATE OF ILLINOIS,

County of Cook,

ss.

IN THE SUPERIOR COURT OF COOK COUNTY.

To the November Term, 1921.

To the Honorable, THE JUDGES of said Court,

In Chancery Sitting:

Your oratrix, MARY E. HARNEY, of said County and State, respectively represents that she is the owner in fee simple of the following described real estate, to-wit:

The South Seventy-four (74) feet of Lots Ninety-three (93) and Ninety-four (94) in Block One (1) in Sampson and Green's Addition to Chicago, in the North-east Quarter (N.E.¼) of Section Twenty (20), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian, in the City of Chicago, County of Cook and state of Illinois. Said real estate is improved with two four story brick and stone buildings, each building containing four flats.

Your oratrix further represents that she obtained title to said real estate through mesne conveyances from the Government of the United States, and under the terms of the last will and testament of her father, Michael J. Considine, late of said County and state, and who departed this life, testate, on or about the 11th day of September, 1905; that the last will and testament of said Michael J. Considine was duly admitted to probate in the probate Court of said County on the 12th day of October, 1905; that James Considine and John Considine, sons of said deceased, were named in said will to be the executors thereof, and they were, on said last named day, duly appointed and qualified as such executors; that, upon their appointment and qualification as such executors, said James Considine and John Considine took full charge of and control over all of the estate of said Michael J. Considine, deceased, including the real estate of your oratrix above described; that said James Considine, as your oratrix is informed and believes, collected all of the rents arising from the real estate of your oratrix and paid the expenses connected therewith, until the final settlement of the estate of said Michael J. Considine, deceased; that no account of the

rents collected and expenses paid by said James Considine was
ever rendered to your oratrix up to the time of the final set-
tlement of the estate of said Michael J. Considine on the 27th
day of April, 1909; that said James Considine continued to col-
lect the rents, issues and profits arising from said real estate
of your oratrix, from said last named date, until the time of his
death, which occurred on or about the 4th day of April, 1919;
that, during said last named period, said James Considine render-
ed no account to your oratrix concerning her said real estate.

Your oratrix further represents that said John Considine,
also known as John P. Considine, on or about the 11th day of
April, 1919, was duly appointed and qualified as administrator
of the estate of said James Considine, also known as James J.
Considine, deceased, by said Probate Court; that said estate
is still pending in said Probate Court.

Your oratrix further represents that, from the time of the
death of said James J. Considine, on April 4th, 1919, down to the
said John P. Considine,
present time, without the permission or consent of your oratrix,
assumed and has held control over said real estate of your or-
atrix, and he has appropriated to his own use all of the rents,
issues and profits arising therefrom; that, although your ora-
trix has often demanded of said John P. Considine that he sur-
render the possession and control over said real estate to your
oratrix, and that he render to her an account of the receipts
and disbursements thereof, he has neglected and refused so to do.
By reason thereof, your oratrix respectfully represents that
said John P. Considine ought to be restrained and enjoined, by
the order and injunction of this Court, from further collecting
any of said rents, issues and profits arising from said real
estate of your oratrix, and from exercising any control over or
management thereof, and from applying any rents, issues and prof-
its obtained from said real estate to his own use, pending the
final disposition of the matters involved herein. Your ora-
trix further respectfully represents that some suit-

able person ought to be appointed by this Honorable Court to
act as receiver herein, with the usual powers and duties of a
receiver, to collect all of the rents arising from the said real
estate of your oratrix, and to take full control over and man-
agement of the said real estate, until the final disposition of
this suit.

Forasmuch, therefore, as your oratrix is without adequate
remedy in the premises, except in a court of equity, and to the
end that the said John P. Considine, who is made party defend-
ant to this bill of complaint, may be required to make full and
direct answer to the same, &c., but not under oath,
the answer under oath being hereby waived; and may said de-
fendant be required to set forth a true and just account of all
his actings and doings, in the matter of the said real estate of
your oratrix, from the 4th day of April, 1919, when he assumed
control over the same, down to the time of the taking of an ac-
count herein; that such account may be taken, under the direc-
tion of this Court, of all and every matter and thing relating
to said real estate of your oratrix, from the date lastly above
set forth, whereby the respective rights of your oratrix and of
said defendant may be ascertained; that said defendant may be
decreed to pay to your oratrix what, if anything, shall appear,
upon such accounting to be due to her, your oratrix being ready
and willing, and hereby offering to pay to said defendant what,
if anything, that shall appear to be due to him from your ora-
trix; and that some suitable person may, in the meantime, be ap-
pointed, by this Honorable Court, as receiver, with the usual pow-
ers and duties of a receiver, to take charge of the real estate
hereinabove described, and to collect all rents that may arise
therefrom, and to make such disbursements thereon as may be al-
lowed by the order of this court; that, upon the final hearing
hereof, may the said defendant be forever restrained and en-
joined from interfering with or exercising any control over
the said real estate of your oratrix hereinabove described, and
may your oratrix have such other and further relief in the prem-

ises as equity may require and to the Court shall seem meet.

May it please the Court to grant the writ of summons in chancery, directed to the sheriff of said County of Cook, commanding him that he summon the defendant, John P. Considine, to appear before the said Court on the first day of the next term thereof, to be held at the court house in the City of Chicago, in said County, on the first Monday of November, 1921, then and there to answer this bill of complaint, etc.

And may it please the Court to grant unto your oratrix
the people's writ of injunction, to be directed to the said
John P. Considine, restraining him, his agents and attorneys,
from collecting or receiving any of the rents, issues and prof-
its arising from said real estate known and described as, The
South 74 feet of Lots 93 and 94 in Block 1 in Sampson and
Green's Addition to Chicago, in the N. E. 1/2 of Section 20,
Town. 39 N., Range 14, East of the 3rd P. M., in Cook County, State
of Illinois, and from interfering with or exercising any control
to his own purposes,
over the same, and from using or applying any of the funds now
in his hands and arising out of said real estate, until the fur-
ther order of this Court.

Solicitor and of Counsel
for Complainant.

On this 26th day of October, 1921, before
me personally appeared the above named Mary E. Harney, and made
oath that she has heard read the above bill of complaint sub-
scribed by her, and that she knows the contents thereof; that
the same is true of her own knowledge, except as to the matters
which are therein stated to be on her information and belief,
and that as to those matters, she believes it to be true.

Subscribed and sworn to before me
this


NOTARY PUBLIC.

STATE OF ILLINOIS, )
 } ss.
County of Cook, )

Of the December term, 1921.

MARY E. HARNEY

vs.

JOHN P. CONSIDINE.

IN CHANCERY.

To MARSHALL SOLBERG, Esq.,

Solicitor for defendant:

You are hereby notified that on Tuesday the 13th day of
December, 1921, at the opening of court in the forenoon, I shall,
before the Honorable DENIS E. SULLIVAN, Judge of said Court, move
the court to issue and injunction and to appoint a receiver in
accordance with the prayer of the bill of complaint herein.

CHICAGO, December 12, 1921.

Solicitor for Complainant.

RECEIVED a copy of above notice this 12th day of December,
1921.

Solicitor for defendant.

Of the December Term, 1921.

MARY E. HARNEY

VS.

JOHN P. CONSIDINE.

IN CHANCERY,

ORDER FOR APPOINTMENT OF RECEIVER.

NOW on this day comes the above named complainant, by
George W. Wilbur, her solicitor, and said defendant, by Marshall
Solberg, his solicitor, also comes. And the motion of said com-
plainant for the appointment of a receiver herein, as prayed
for in her bill of complaint, coming on for hearing and dispo-
sition, and the solicitor for said defendant not opposing such
appointment, but consenting thereto, and the Court being now ful-
ly advised in the premises,

It is ordered that Herbert E. Redding, of said County and
State, be and he is hereby appointed receiver to collect and to
receive all of the rents, issues and profits arising from the
premises described in the bill of complaint herein, namely:

The South Seventy-four (74) feet of Lots Nonety-three
(93) and Ninety-four (94) in Block One (1) in Sampson and
Green's Addition to Chicago, in the North-east Quarter (N.E.¼)
of Section Twenty (20), Township Thirty-nine (39) North, Range
Fourteen (14), East of the 3rd Principal Meridian, in the City
of Chicago, County of Cook and state of Illinois. Said real
estate is improved with two four story brick and stone builda-
ings, each building containing four flats, said buildings being
also known as Numbers 1206 and 1208 West Thirteenth Street, in
said City of Chicago.

AND it is further ordered that the said Herbert E. Redding
enter into a bond in the penal sum of Five Hundred Dollars,
with surety to be approved by the Court, which bond shall be
conditioned for the faithful performance of his duties as such
receiver, and that he will be answerable for what he shall re-

part as by said original bill of complaint, the answer
of your orators, the cross-complainants herein, and other
pleadings and proceedings in said cause now remaining and
of record in this Honorable Court (reference thereto
being had will more fully appear.)

Your orators, cross-complainants herein, adopt
as a part of this their cross-bill all of the allegations
contained in the original bill of complaint herein as a
part of this their cross-bill to the same effect as though
said original bill were inserted herein as a part hereof,
and your orators, cross-complainants herein, also adopt
the prayer contained in said original bill of complaint
so filed by said Mary E. Harney, complainant, except
your orators pray that a receiver may be appointed herein
to take charge of the various pieces of property in the
original bill of complaint herein fully described, which
description is adopted as a part hereof, with the usual
powers and duties of a receiver, and that said receiver
may be authorized to act not only in the interest of your
orators, cross-complainants herein, but also in the
interest of the said Mary E. Harney, if she desires to
avail herself thereof.

FOR AS MUCH; THEREFORE, as your orators are without
remedy in the premises, except by filing this their cross-
bill in said proceedings commenced by said Mary E. Harney
against your orators and the said John P. Considine,
Agnes Considine and William Pathje, who, with the said
Mary E. Harney, are made parties defendant to this cross-
bill, may be required to make full and direct answer to
the same (but not under oath, the answer under said oath
being hereby waived); that an account may be taken by

or under the direction of this court of the amount of
rents received by said John P. Considine since the
alleged conveyance of said real estate to him on, to-
wit, the 25th day of June A. D., 1921, and that upon such
accounting may said John P. Considine be ordered and
decreed to turn over to the receiver, if one be appointed
herein, all moneys that he may have collected as rents
or otherwise from any of the property described in the
original bill of complaint, which he is by reference made
a part hereof, and may a certain trust deed executed
between Catherine Considine, a widow, and William J.
Bathje, trustee, bearing date the 15th day of January
A. D., 1921, be held to be null and void, and of no
effect, and may the trustee therein named be ordered and
decreed to execute a proper release thereof in manner
and form as prayed in the original bill of complaint
herein, and that your orators may have such other and
further relief in the premises as the nature of the
case shall require and to the court shall seem meet.

CHICAGO, December 14th, 1921.

TO ALL TENANTS AND OCCUPANTS OF
THE BUILDINGS KNOWN AS NUMBERS
1206 and 1208 WEST THIRTEENTH STREET,
CHICAGO, ILLINOIS:

YOU ARE HEREBY NOTIFIED THAT HERBERT E. REDDING WAS AP-
POINTED RECEIVER OF SAID BUILDING BY THE HONORABLE DENIS E.
SULLIVAN, JUDGE OF THE SUPERIOR COURT OF COOK COUNTY, ILLINOIS,
ON THE THIRTEENTH DAY OF DECEMBER, 1921.

YOU ARE HEREBY DIRECTED TO PAY ALL RENTS HEREAFTER TO
SAID HERBERT E. REDDING, RECEIVER, AND TO TAKE HIS RECEIPT THERE-
FOR AS SUCH RECEIVER, UNTIL THE COURT ORDERS OTHERWISE.

Form 54

Know all Men by these Presents, That we
HERBERT E. REDDING, as principal,
and MARY E. HARNEY as surety,
all of the County of Cook, and State of Illinois, are held and firmly bound unto the People of the State
of Illinois, in the sum of FIVE HUNDRED ($500.00) THOUSAND Dollars,
for the payment of which sum well and truly to be made, we and each of us bind ourselves, jointly and
severally, and our respective heirs, executors and administrators, firmly by these presents.

Signed, sealed and dated the Thirteenth 14th day of December, 1921. 191

THE CONDITION OF THE ABOVE OBLIGATION is such, that whereas by an order of the Superior Court
of Cook County sitting in Chancery, made on the 13th 14th day of December, 1921, in
a cause therein pending, wherein Mary E. Harney
is complainant, and John P. Considine is

 defendant,

it was among other things ordered, that the above bounden Herbert E. Redding

be appointed receiver of all the property, equitable interests, things in action, and effects of the defendant,
in and to the premises known as Numbers 1206 and 1208 West Thirteenth
Street, in the City of Chicago, Illinois, only,

except such as are by law exempt, and that he be vested with all the rights and powers of a receiver in
Chancery upon his filing a bond for the faithful performance of his duties, in the penal sum of
Five Hundred ($500.00) THOUSAND dollars, and the approval thereof
by the Court.

Now therefore, If the said Herbert E. Redding

shall duly account for what shall come to his hands or control as such receiver, and pay and apply the
same from time to time as he may be directed by said Court, and obey such orders as said Court may
make in relations to said trust, and in all respects faithfully discharge the duties of said trust, then the
above obligation to be void, otherwise to remain in full force and virtue.

Approved,

CHANCERY SUMMONS—Superior Court of Cook County.

Form 19

STATE OF ILLINOIS,
COUNTY OF COOK.

ss.

The People of the State of Illinois,
To the Sheriff of said County, GREETING:

WE COMMAND THAT YOU SUMMON
JOHN P. CONSIDER

if he shall be found in your County, personally to be and appear before the Superior Court of Cook County, on the first day of the term thereof, to be held at the Court House, in Chicago, in said County, on the first Monday of November, A. D. 1921, to answer unto

MARY E. HARRIS

in her certain Bill of Complaint

filed in said Court on the Chancery side thereof.

And have you then and there this Writ, with an endorsement thereon in
what manner you shall have executed the same.

Witness, SAMUEL E. ERICKSON, Clerk of our said Court, and the
Seal thereof, at Chicago, aforesaid, this Twenty-seventh day of

October, A. D. 1921

(SEAL)

SAMUEL E. ERICKSON, Clerk.

IN THE CIRCUIT COURT OF COOK COUNTY.

Of the July Term, 1922.

MARY E. HARNEY

vs.

JOHN P. CONSIDINE, et al.

CATHERINE R. McALLISTER, MICHAEL
J. CONSIDINE, MARGARET E. CON-
SIDINE, JOHN P. CONSIDINE (2nd)?
and MARY H. CONSIDINE,

vs.

MARY E. HARNEY, JOHN P. CONSIDINE, et al.

ORIGINAL BILL.

CROSS-BILL.

To the Honorable THE JUDGES of said Court,

In Chancery Sitting:

Your orators, Catherine R. McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine (2nd) and Mary H. Considine, all of the City of Chicago, in said County and state, respectively represent unto your Honors that on, to-wit, the 10th day of February, 1922, Mary E. Harney, one of the defendants hereinafter named, exhibited in this Honorable Court her bill of complaint against John P. Considine, Agnes Considine, his wife, William J. Rathje, personally and as trustee, Marshall I. Considine, a minor, and your orators, praying, among other things, that in certain matter before the Honorable Court of Cook County, may be set aside and held for naught; that three alleged quit-claims deed which purport to have been executed by said Catherine Considine conveying certain real estate to said defendant John P. Considine may be set aside and held for naught as to the interests of said Mary E. Harney, and for certain other relief, as set forth in said original bill, and that said Mary E. Harney might have such other

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and further relief in the premises as equity may require and
to your Honors shall seem meet; and your orators being duly
served with process appeared and put in their joint and several
answers to said original bill, as by the pleadings and proceed-
ings in said cause now remaining on file and of record in said
cause, reference thereto being had, will more fully and at length
appear.

Your orators further represent that Michael J. Considine,
their grandfather, departed this life testate, in said county
on or about the 11th day of September, 1905, leaving him surviving
as his devisees and only heirs at law, Catherine Considine, his
widow, Michael J. Considine, the father of your orators, James J.
Considine and John P. Considine, his sons, and Mary E. Considine
and Susan Considine, his daughters; that said son, Michael J.
Considine, departed this life intestate, on or about the 25th
day of September, 1905, leaving him surviving as his only heirs
at law, Catherine Considine, his mother, Mary Considine, his wid-
ow, your orators and Marshall I. Considine, his son, a minor; that
said Susan Considine, a spinster, departed this life intestate
on or about the 3rd day of June, 1908, leaving her surviving as
her only heirs at law, Catherine Considine, her mother, James J.
Considine and John P. Considine, her brothers, Mary E. Harney,
her sister, your orators and Marshall J. Considine, a minor; that
letters of administration were issued in the estate of said
Susan Considine to Herbert E. Redding as administrator by the
that, on or about the 3rd day of April, 1911, leaving him surviving as
Considine departed this life intestate, leaving him surviving as
his only heirs at law, Catherine Considine, his mother, John P.
Considine, his brother, Mary E. Harney, his sister, your orators
and Marshall I. Considine, a minor; that said John P. Considine
was duly appointed and qualified as administrator of the estate
of said James J. Considine, deceased, on or about the 11th day of
April, 1919; that said estate is still unsettled, all of which
matters will more fully and at length appear in and by the

records and files of said Probate Cort, or by duly certified copies thereof, ready to be produced in the hearing hereof.

Your orators further represent that, on the 13th day of January, 1922, said Catherine Considine departed this life, leaving an instrument purporting to be her last will and testament; as your orators are informed; that she left her surviving as her only heirs at law, her son, John P. Considine, Mary E. Harney, her daughter, your orators and Marchall I. Considine, a minor; that said last will and testament has not, as your orators are informed, been admitted to probate.

Of the November Term, 1922.

MARY E. HARNEY ) IN CHANCERY.
vs. ) )
JOHN P. CONSIDINE. ) No. 371,213.

To MARSHALL SOLBERG, Esq.,
Solicitor for Defendant:

You are hereby notified that on Friday the 18th day of
November, 1922, at the opening of court, I shall, before the Honor-
able DENIS E. SULLIVAN, Judge of said Court, suggest the death
of said complainant, and ask that James H. Harney, Lawrence A.
Harney and Herbert E. Reading, executors of the last will and
testament of said Mary E. Harney, deceased, be substituted as
complainants in said suit.

At the same time I will ask that said cause be referred to
a master in chancery of said court to take proofs and report
his findings thereon.

CHICAGO, November 16th, 1922.

Solicitor for Complainant.

RECEIVED a copy of above notice this 16th day of November,

1922.

Solicitor for Defendant.

STATE OF ILLINOIS, )
 } SS.
County of Cook, )

Of the February Term, 1922.

In Chancery Sitting:

Your oratrix, MARY E. HARNEY, of said County and State, respectively represents unto Your Honors that Michael J. Considine, her father, departed this life testate, in said County, on or about the 11th day of September, 1905, leaving him surviving as his devizes and only heirs at law, Catherine Considine, his widow, Michael J. Considine, James J. Considine and John P. Considine, his sons, and your oratrix and Susan Considine, his daughters; that said son, Michael J. Considine, departed this life intestate, on or about the 25th day of September, 1905, leaving him surviving as his only heirs at law, Catherine Considine, his mother, his brothers and sisters above named, his widow, Mary Considine, and his children, Catherine McAllister, formerly Catherine Considine, and now the wife of Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine, Marshall I. Considine and Mary H. Considine; that said Michael J. Considine, deceased, and lastly referred to, left no estate of any nature and no letters of administration were ever taken out; that said Susan Considine, a spinster, departed this life intestate, on or about the 3rd day of June, 1908, leaving her surviving as her only heirs at law, Catherine Considine, her mother, James J. Considine and John P. Considine, her brothers, your oratrix, her sister, and the children of her deceased brother, Michael J. Considine, and above named; that letters of administration were issued to Herbert E. Redding as administrator, by the Probate Court of said Cook County, on the 14th day of December, 1921; that said estate is still pending and unsettled; that on or about the 3rd day of April, 1919, said James J. Considine departed this life intestate, leaving him surviving as his only heirs at law,

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Catherine Considine, his mother, John P. Considine, his brother, your oratrix, his sister, and the children of his deceased brother, Michael J. Considine, and above named; that said John P. Considine was duly appointed and qualified as administrator of the estate of said James J. Considine, deceased, on or about the 11th day of April, 1919; that said estate is still pending and unsettled, all of which will more fully and at length appear in and by the records and files of said Probate Court, in the matter of said estate, or by duly certified copies thereof, ready to be produced on the hearing hereof.

Your oratrix further represents that on or about the 27th day of June, 1921, she filed a petition in said Probate Court asking, among other things, that a conservator be appointed for the person and for the estate of her said mother, Catherine Considine, for the reason that she, said Catherine Considine, being about eighty-eight years of age, was in an ensesled condition of mind and body, and for the further reason that she was unable to read, neither could she write her own name; that a summons was duly issued upon said petition, which was afterwards served upon said Catherine Considine, in the manner provided by law; that afterwards, and on the 4th day of January, 1922, the matter of said petition came on for hearing and disposition in due course, the petitioner being represented by George W. Wilbur, her attorney, and said Catherine Considine being represented by Marshall Solberg as her attorney; that a jury was thereupon duly impaneled, and upon hearing the evidence offered in support of said petition, no evidence being offered on behalf of the respondent, said jury returned its verdict which found the said Catherine Considine to be a feeble minded person; that thereafter and on the same day the court entered its judgment upon said verdict; that the court thereafter appointed the Oak Park Trust and Savings Bank as conservator of the estate of said Catherine Considine, a feeble minded person; that said Oak Park Trust and Savings Bank, on the 7th day of January, 1922, duly accepted said trust; that afterwards, and on the 15th day of Jan-

uary, 1922, said Catherine Considine departed this life _intestate_,
as far as your oratrix is informed, leaving her surviving as her
only heirs at law, her son, John P. Considine, your oratrix, her
daughter, and the children of her deceased son, Michael J. Con-
sidine, and above named; that no property of any name or nature
ever came into the possession of said Oak Park Trust and Sav-
ings Bank as such conservator, as fully appears in and by its
first and final report and account, in the matter of said as-
tate, which report and account was duly approved by said Probate
Court on the 19th day of January, 1922; that on the 17th day of
January, 1922, as provided by law, said Oak Park Trust and Savings
Bank was duly appointed administrator of the estate of said
Catherine Considine, deceased, and it is still acting as such,
all of which will more fully and at length appear in and by
the records and files of said Probate Court, or by duly certi-
fied copies thereof, ready to be produced on the hearing hereof.

Your oratrix further represents that in and by the last
will and testament of said Michael J. Considine, deceased, said
Catherine Considine, his widow, was made residuary legatee; that
under and by virtue of such provision, said Catherine Considine
was devised all of the personal estate of her late husband, as
well certain pieces of real estate, a part of which is as fol-
lows, to-wit:

The South one-half (½) of Lot Six (6), Block One (1) of
Duncan's Addition to Chicago, Section Seventeen (17), Township
Thirty-nine (39) North, Range Fourteen (14), East of the Third
Principal Meridian, in the City of Chicago, County of Cook and
State of Illinois. Said Lot is also known as No. 30 South
Halsted Street. A L S O ,

Lot Twenty-three (23) in Block Seven (7) in Waller's Sub-
division of the North-west Quarter (N.W.) of the North-east
Quarter (N.E.) of Section Twenty (20), Township Thirty-nine
(39) North, Range Fourteen (14), East of the Third Principal Me-
ridian, situated in the County of Cook and State of Illinois.

A L S O ,

Lot Three (3) in Hitzman's Subdivision of part of Halder-

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man's One and One-half (1½) Acres in Block Nine (9) in Sampson and Green's Addition to Chicago, in the North-west Quarter (N.W.¼) of Section Twenty (20), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian, situated in the County of Cook and State of Illinois. Said property is also known as No. 1404 Blue Island Avenue, Chicago.

Your oratrix further represents that, under the terms of the will of said Michael J. Considine, deceased, his son James Considine (afterwards known as James J. Considine), and John Considine (afterwards known as John P. Considine), were named as executors without bonds; that, upon the filing of said will and a hearing thereon, said James J. Considine and John P. Considine were duly appointed and qualified as such executors; that said estate was fully administered, and a final report and account therein was duly approved on or about the 27th day of April, 1969, all of which will more fully and at length appear in the附錄 of this will hereto attached as Exhibit A, and made a part hereof, your oratrix hereby offering to produce said will, or a duly certified copy thereof, together with the records and files of said Probate Court, in the matter of said estate, or duly certified copies thereof, on the hearing hereof.

Your oratrix further represents that, after the settlement of the estate of said Michael J. Considine, as above set forth, said James J. Considine, who was residing with his mother, assumed complete control over and management of all of the real and personal property left by his late father, including the real estate disposed of by his will; that he continued to so control and manage said property until the time of his death, as above set forth; that, immediately thereafter, said John P. Considine took possession of and complete control over and management of all of said property, and he has continued so to do down to the present time, with a slight exception as to certain real estate which was devised to your oratrix under the will of her father; that said James J. Considine was residing with his mother in an apartment in the building known

as No. 5668 West Washington Boulevard, in the City of Chicago, at the time of his death; that, immediately upon the death of said James J. Considine, said John P. Considine and Agnes Considine, his wife, moved into the home of his mother, above mentioned, and said John P. Considine at once assumed complete control over said apartment and of all of the property of his mother, as well as of all of the property devised by the will of his father to other devisees; that said John P. Considine continued to exercise such control over the property and affairs of his mother until the time of her death, as above set forth; that, during the time said John P. Considine resided with his mother, he had such complete control over her that he was able to induce or persuade her to make such disposition of her property as best suited his purposes, to the complete exclusion of your oratrix and of the other heirs of his mother, as herein named; that, owing to her enfeebled condition of mind and body, which had continued for more than five years prior to her death, and also on account of her advanced age and her lack of any education, as above set forth, said John P. Considine was able to and did induce or compel his said mother to execute any legal documents that he might desire for his own advantage, he well knowing that she could not read the same and that she could not, in the slightest degree, comprehend the legal effect of such documents; that said Catherine Considine never had any business experience, neither was she ever able to attend to any of her business affairs, after the death of her husband; that said Michael J. Considine, her husband, was an active business man, and, during his career, he accumulated property of upwards of the value of $150,000.00.

Your oratrix further represents that said John P. Considine, one of the defendants herein named, taking advantage of his influence with and his control over his said mother, on account of her enfeebled condition of mind and body and by reason of the other conditions herein specified, and on or about the 15th day of January, 1921, induced, persuaded or compelled his said mother, Catherine Considine, to affix or to attempt to affix

fix her mark to a certain promissory note for the sum of $11,000.00, payable to the order of herself, and due three years after date, with interest at seven per cent. per annum, payable semi-annually; that, by the same means said John P. Considine also induced his said mother to affix or attempt to affix her endorsement upon said alleged note; that, in order to secure the payment of said alleged note, said John P. Considine further induced, persuaded or compelled his mother, said Catherine Considine, to affix or attempt to affix her mark to an alleged trust deed, which trust deed purports to convey to William J. Rathje, of said City of Chicago, the "following described Real Estate, with the improvements thereon and the rents, issues and profits thereof, and all lifting, heating and plumbing apparatus and all other fixtures now or that may hereafter attach to said premises, and everything appurtenant thereto, situated in the County of Cook in the State of Illinois, to-wit:

The South Half of Lot Number Six (6) in Block Number One (1) in Duncan's Addition to Chicago, otherwise known as Number Thirty (#30) South Halsted Street.

Your oratrix further represents that, at the end of said alleged trust deed is what purports to be the mark of said Catherine Considine, which mark appears to have been witnessed by said John P. Considine and by one Henry Nelson; that said trust deed contains an alleged acknowledgment, certified to by said Henry Nelson as a Notary Public, on the 17th day of January, 1921; that said deed was filed for record on the 18th day of January, 1921, as Document No. 7,040,686, and was recorded in the Recorder's Office of said Cook County, in Book 16,689 of Records, at Page 133, all of which will more fully and at length appear in and by a copy of said trust deed hereto attached as "Exhibit B", and made a part hereof, your oratrix hereby offering to produce said trust deed, or a duly certified copy thereof, on the hearing herein.

Your oratrix further represents that, at the time of the purported execution of the alleged trust deed, the said Catherine Considine, owing to her enfeebled condition of mind and

body, and by reason of the other conditions herein set forth, was wholly unable to realize, to understand and to comprehend the legal effect of her act in attempting to execute said trust deed; that, by reason thereof, said alleged trust deed is not and was not the trust deed of said Catherine Considine, because of her want of mental capacity and ability to realize and to understand the purport and nature of her attempted act therein. And your oratrix further states that the said Catherine Considine, at the time of the execution of said alleged deed, and for many months prior thereto, was wholly under the care and control of her said son, John P. Considine, as herein set forth; that, by reason thereof, said John P. Considine had and did exercise an undue influence over his said mother, and he did thereby cause her to execute the alleged trust deed by the exercise of such undue influence, by reason whereof, the alleged trust deed is not the trust deed of said Catherine Considine. Your oratrix further states upon information and belief, and so to allege the fact to be, that, at the time of the execution of said alleged trust deed, said Catherine Considine was not in need of money for any purposes of her own, neither did she receive the proceeds of said loan, or any part thereof, for her own use and benefit, either directly or indirectly, as your oratrix verily believes, but that the said John P. Considine appropriated the whole of the proceeds arising from said loan, except it may be the amount of an existing loan upon said real estate, which amount was, as your oratrix believes, the sum of, to-wit, $4,000.00.

Your oratrix further represents that said John P. Considine, taking still further advantage of his undue influence with and his control over his said mother, and of her enfeebled condition of mind and body, and of the other conditions, as above set forth, and on or about the 25th day of June, 1921, did induce, persuade or compel said Catherine Considine to affix her mark to a certain alleged quit-claim deed, wherein, and for a specified consideration of One Dollar and other good and valuable consideration and love and affection, she attempted to convey to said John P. Considine, the following described real estate,

to-wit:

Illinois,

30 S. Halsted Street, Chicago, further described as the
South Half (½) of Lot Six (6) in Block One (1) of Duncan's
Addition to Chicago, Illinois, Section Seventeen (17), Township
Thirty-nine (39) North, Range Fourteen (14), East of the Third
Principal Meridian, situated in the County of Cook in the State
of Illinois.

Your oratrix further represents that, at the end of said
alleged quit-claim deed is what purports to be the mark of said
Catherine Considine, which mark appears to have been witnessed
by one S. A. Kidd; that said quit-claim deed contains a pre-
tended acknowledgment, certified to by Marshall Solberg as a
Notary Public, on the 25th day of June, 1921; that said quit-
claim deed was filed for record in the Recorder's Office of
said Cook County, on the 1st day of July, 1921, as Document No.
7,192,107, and was recorded in Book 17, 073 of Records, at Page
81, all of which will more fully and at length appear in and by
a copy of said quit-claim deed hereto attached as "Exhibit C",
and made a part hereof, your oratrix hereby offering to produce
said deed, or a duly certified copy thereof, on the hearing hereof.

Your oratrix further represents that said John P. Considine, again taking advantage of his undue influence with and of his control over his said mother, and of her enfeebled condition of mind and body, as herein set forth, and on or about the 25th day of June, 1921, did also induce, persuade of compel said Catherine Considine to affix her mark to a certain other alleged quit-claim deed, wherein, and for a specified consideration of One Dollar and other good and valuable consideration and love and affection, she attempted to convey to said John P. Considine all interest in the following described Real Estate, to-wit:

1248 1252 -4-6 S. Racine Avenue, Chicago, Illinois, further
described as the North Twenty-five (25) Feet and the South Sev-
enty-four (74) Feet of each of Lots Ninety-three (93), Ninety-
four (94) Ninety-five (95) and Ninety-six (96) in Block One (1)
in Sampson and Green's Addition to Chicago. Also Lot Twenty-
three (23) in Block Seven (7) in Wazler's Subdivision of the

Catherine Considine, which mark appears to have been witnessed quit-claim
by said S. A. Kidd; that said dead contains an acknowledgment,
certified to by said Marshall Solberg as a Notary Public, on the
25th day of June, 1921; that said deed was filed for record on
the 1st day of July, 1921, as Document No. 7, 192, 105, and was re-
corded in the Recorder's office of said Cook County in Book
17,073 of Records, at Page 30, all of which will more fully and
at length appear in and by a copy of said deed hereto attached
as "Exhibit E", and made a part hereof, your oratrix hereby of-
fering to produce said deed, or a duly certified copy thereof,
on the hearing hereof.

Your oratrix further represents that in and by said quit-
claim dead from said Catherine Considine to said John P. Con-
sidine, and above referred to as "Exhibit D", is set forth a des-
cription of the real estate devised to your oratrix under the
will of her late father, Michael J. Considine, and in which said
Catherine Considine had no interest whatever.

Your oratrix further represents that in and by said sever-
al quit-claim deeds from said Catherine Considine to said John
P. Considine, and above referred to as "Exhibit C", "Exhibit D"
and "Exhibit E", is described all of the real estate received
by said Catherine Considine under the will of her late husband,
and which had not been previously disposed of, so that, after such
attempted conveyances to said John P. Considine, said Catherine
Considine had no real estate standing of record in her name.

Your oratrix further represents that, up to the time of the
death of her said brother, James J. Considine, as herein set
forth, your oratrix was on the most friendly and intimate terms
with her mother; that nothing ever arose between them to mar
the close relationship of mother and daughter; that, after said
John P. Considine took possession of the apartment of his moth-
er, as above set forth, conditions immediately changed, and your
oratrix was given reason to believe that her presence at the
home of her mother was not desired by her brother, said John P.
Considine; that the children of your oratrix, however, called
upon their grandmother at intervals, but generally during the

absence of said John P. Considine and of his said wife, Agnes.

Your oratrix charges the fact to be that, were it not for
the control and undue influence of said John P. Considine over
his said mother in her weak and enfeebled condition of mind and
body and by reason of the other conditions as herein set forth,
said Catherine Considine could not have been induced to cut off
your oratrix and the children of the deceased son, Michael J.
Considine, from any share in the property so devised to her, said
Catherine Considine, by her late husband, the father of your or-
atrix.

Your oratrix, therefore, respectfully prays that the alleged
note for $11,000.00, bearing the mark and the endorsement by
her mark, of said Catherine Considine, and hereinabove referred
to, may be held not to be the note of the said Catherine Consi-
dine, and may this court order and decree that said note be or-
dered to be surrendered and cancelled for want of consideration
and because the same was not the note of said Catherine Consi-
dine; and your oratrix further prays that the alleged trust
deed which purports to have been given to secure the said note,
which said trust deed is also hereinabove referred to, may be
declared by this court not to be the trust deed of the said
Catherine Considine, and may this court further order and de-
clare that said trust deed be surrendered for release and can-
cellation by the trustee therein named, who is a party defendant
hereto; that in the event that said trustee neglects or re-
fused to so surrender said trust deed and duly release the same,
then may this court appoint some suitable and proper person to
execute a release of said trust deed, such release, when so exer-
cuted and delivered, to have the same force and effect as though
the same had been formally executed by the trustee therein nam-
ed.

Your oratrix further respectfully prays that the several
alleged quit-claim deeds purported to have been executed by the
said Catherine Considine to said John P. Considine, and herein-
above referred to as "Exhibit C," "Exhibit D" and "Exhibit E",
may be set aside and held for naught as to the interests of

your oratrix in the real estate in said respective quit-claim
deeds described, and as herein set forth; and may the said John
P. Considine and Agnes Considine, his wife, and who is made a
party defendant herein, be ordered and decreed by this court to
convey to your oratrix, as one of the heirs at law of said Cath-
erine Considine, deceased, by a good and sufficient deed of con-
veyance, an undivided one-third interest in and to the several
pieces of real estate in said several quit-claim deeds describ-
ed; that, in the event of the failure, neglect or refusal of
said John P. Considine and Agnes Considine, his wife, to make
such deed or deeds, if they are ordered and decreed so to do by
this court, then and in that case may this court appoint some
suitable and proper person to make such deed or deeds to your
oratrix, which deed or deeds, when so executed and delivered,
shall have the same force and effect as though the same had
been formally executed and delivered by the said John P. Con-
sidine and Agnes Considine, his wife.

Forasmuch, therefore, as your oratrix is without remedy in
the premises, except in a court of equity, and to the end that
the said John P. Considine, Agnes Considine, his wife, William J.
Rathje, personally and as trustee, and the children and only
heirs at law of said Michael J. Considine, deceased, namely, Cath-
erine McAllister, formerly Catherine Considine, and now the wife
of Walter McAllister, Michael J. Considine, Margaret E. Consi-
dine, John P. Considine, Marshall I. Considine and Mary H. Con-
sidine, all of whom are made parties defendant to this, your or-
atrix's bill of complaint, may be required to make full and di-
rect answer to the same, but not under oath, their answers under
oath being hereby expressly waived; and may this court order
and decree that the above mentioned note for the sum of $11,-
000.00, bearing date on or about the 15th day of January, 1921,
which note purports to have been executed by said Catherine
Considine by her mark and by her endorsed in the same manner,
be surrendered and cancelled for want of consideration and for
the further reason that said note was not the note of said
Catherine Considine; and may this court further order and

decree that the alleged trust deed hereinabove referred to, which
bears date on or about the 15th day of January, 1921, and which
purports to have been given to secure the said note herein re-
ferred to, may be declared by this court to be null and void and
not the trust deed of said Catherine Considine; and may this
court further order and decree that said trust deed be surren-
dared for cancellation, and may the trustees therein named be or-
dered to execute a good and sufficient release of the same;
that, in the event that said trustee neglects or refuses to ex-
ecute such release, then may this court appoint some suitable
and proper person to execute a release of said trust deed, such
release, when so executed and delivered, to have the same force
and effect as though the same had been formally executed by the
trustee therein named; and may this court further order and
decree that the several quit-claim deeds purported to have been
executed by the said Catherine Considine to said John P. Con-
sidine, and hereinabove referred to as "Exhibit C," "Exhibit D"
and "Exhibit E", be set aside and held for naught as to the in-
terests of your oratrix in the real estate in said respective
quit-claim deeds described, and as herein set forth, as not the
quit-claim deeds of said Catherine Considine; and may the said
John P. Considine and Agnes Considine, his wife, be ordered and
decree by this court to convey to your oratrix, as one of the
heirs at law of said Catherine Considine, deceased, and by a good
and sufficient deed of conveyance, and undivided one-third in-
terest in and to the several pieces of real estate in said sev-
eral quit-claim deeds described; that, in the event of the fail-
ure, neglect or refusal of said John P. Considine and Agnes Con-
sidine, his wife, to make such deed, if they are ordered and de-
creed so to do by this court, then and in that case may this
court appoint some suitable and proper person to make such deed
to your oratrix, which deed, when so executed and delivered, to
have the same force and effect as though the same had been for-
mally executed and delivered by the said John P. Considine and
Agnes Considine, his wife. And may your oratrix have such other
and further relief in the premises as equity may require and to

the court shall seem meet.

May it please the court to grant the writ of summons in chancery, directed to the sheriff of said Cook County, commanding him that he summon the defendants, John P. Considine, Agnes Considine, his wife, William J. Rathje, personally and as trustee, Catherine McAllister, Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine, Marshall I. Considine and Mary H. Considine, to be and appear before the said court on the first day of the next February term thereof, to be held at the court house in the City of Chicago, in said County, on the third Monday of February, 1922, then and there to answer this bill, etc.

LEVINSON, BECKER, SCHWARTZ & FRANK
ATTORNEYS AND COUNSELORS

SALMON O. LEVINSON
BENJAMIN V. BECKER
ARTHUR L. SCHWARTZ
JEROME N. FRANK

MARSHALL SOLBERG
OLIN KIRKPATRICK

CABLE ADDRESS "LEBEC"
TELEPHONE CENTRAL 8130

SEVENTY-SIX WEST MONROE STREET
CHICAGO

Sept. 22, 1922

Mr. George W. Wilbur,
1413 Ashland Block,
Chicago.

My dear Mr. Wilbur:-

Pursuant to your request I am returning to you
herewith Oak Park Tax list showing inter alia

"Considine Catherine Est. Oak Park
Trust & Savings Bank, Cons. 70,000. "

In order that there may be no misunderstanding
in this matter of even the slightest kind, I want to
put myself on record as stating that John P. Considine,
executor named in the will and recently appointed by the
Probate Court and qualified, does not admit that the estate
is liable for taxes on this amount or any amount near it,
and if there is a claim or color of a claim which the tax
authorities have filed or asserted, or attempted to assert,
it is for the Oak Park Trust & Savings Bank, Cons.,
to defend, and you, as its attorney in the matter at the
time, should see to it.

MS-MDP

STATE OF ILLINOIS,

County of Cook,

ss.

IN THE PROBATE COURT OF OOK COUNTY.

Of the November Term, 1922.

In the Matter of the Estate

of

JAMES J. CONSIDINE, deceased.

OBJECTIONS TO FIRST AND FINAL REPORT OF ADMINISTRATOR.

To the Honorable HENRY HONNER,

Judge of said Court:

The undersigned, Irene Redding et al., children, devisees and now deceased, only heirs at law of Mary E. Harney, who was the sister of said James J. Considine, deceased, by George W. Wilbur, their attorney, and

Mary Considine et al., children and only heirs at law of Michael Considine, deceased, who was a brother of said James J. Considine, deceased, by O'Donnell & their attorneys, and object to the first and final report of said administrator, John P. Considine, administrator of said estate, for the following reasons:

1. Said James J. Considine, at the time of his death, was the owner of a certificate of membership in the Board of Trade of the City of Chicago, which, at the time of his death, had a market value of $8,500.00, as the undersigned are informed and believe. This item is not mentioned either in the inventory, appraisement or in the first and final account.

2. The undersigned further state that they are informed and believe that said James J. Considine, shortly before his death, purchased liberty binds in the amount of $2,000.00, and that he had previously purchased other liberty binds, the amount of which your the undersigned are unable to state, and that he was the owner of all of said bonds at the time of his death. These bonds are not listed in the inventory, appraisement or final account of the administrator.

3. The undersigned further state upon information and belief, that said deceased, at the time of his death, had a sub-

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in his individual name
stantial amount of money on deposit in The National Bank of the
Republic, or in some other bank in the City of Chicago, while the
inventory of his estate shows that his only deposit was one-
half of the amount of cash on hand in the name of J. J. Consid-
dine & Co.

4. The undersigned further state, upon information and belief, that said deceased, at the time of his death was the owner of two of more very valuable diamonds, which were worth several bill of hundred dollars each, while the appraisement shows one diamond ring valued at $160.00 and one diamond stud valued at $40.00

5. In the inventory of personal property of the firm of J. J. Considine & Co. it is stated that said James J. Considine, deceased, was a member thereof during his lifetime and that he had a one-half interest therein, and that said John P. Considine was the surviving partner. The inventory of the partnership estate shows good and chattels, as per appraisement bill of the value of $787.00, and cash on hand in National Bank of the Republic of $2,765.29. One-half of the latter amount appears in the personal inventory of said deceased.

The undersigned state upon information and belief, that
said John P. Considine sold all of his interestet in said part-
nership to Said James J. Considine several years before the
death of the latter, and at the time of his death said John P.
Considine had no interest therein of any nature.

6. said James J. Considine, at the time of his death, was
the sole owner of an automobile of the value of "$2,000.00.
This machine is not mentioned either in the bill of appraise-
ment the inventory or in the final account.

7. Said deceased, at the time of his death was engaged
in the hay and feed business, and he had an amount of produce
on hand at that time, as the undersigned, are informed and be-
lieve. This item is not mentioned in any proceedings documents
in said estate.

8. At the time of his death there was due to said deceas-
ed a number of notes, the number and exact amount of which the
undersigned are unable to state.

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9. Said John P. Considine, after the death of his brother, continued to carry on the business of deceased, yet said administrator has rendered no account of such business.

BARNARD & MILLER
LAW PRINTERS

Briefs-Records-Trust Deeds and Reports
172 North La Salle Street

American Jan. 2/23

Kin Sues to Break
$10,000 Will of
Mr. Considine

A suit to set aside the will of Mrs. Catherine Considine, 5368 W. Washington blvd., wealthy widow of the late Michael J. Considine, oldtime Board of Trade member, was filed in the Superior Court today by Attorney George Wilbur. Mrs. Considine died January 13, 1922.

An estate estimated at $100,000 is involved in the suit which is filed in behalf of the nine children of Mary E. Harney, a deceased daughter, and the six children of Michael J. Considine Jr., a deceased son.

The bill asserts that the will was made in 1919 when Mrs. Considine was 84 years old and "in her dotage."

It furthermore asserts that John P. Considine, a son, who is the owner of a garage at 1947 W. Van Buren st., aided by his wife and his attorney, used "undue arts and fraud" to obtain the major property of the estate.

BARNARD & MILLER
LAW PRINTERS

SEEK TO VOID $100,000 WILL

Heirs Charge Conspiracy Over Estate of Mrs. Catherine Considine.

Suit to annul the will of the late Mrs. Catherine Considine, widow of Michael J. Considine, pioneer board of trade operator, was filed in the Superior court today by James H. Harney, one of the trustees of the $100,000 estate, and six other heirs, grandchildren of Mrs. Considine.

The bill charges conspiracy on the part of John P. Considine, 1947 West Van Buren street, and Marshall Solberg, an attorney, to defraud the plaintiffs of their share in the estate. Mrs. Considine previous to her death, the bill states, was feeble-minded and unable to write or read English.

Mrs. Considine was 84 years old. On her death bed, the bill states, her hand was guided by Attorney Solberg in signing the will, which favored her son to the exclusion of the other heirs.

Telephone—Franklin 562

Of the May term, 1923.

JAMES H. HARNEY, et al., ) } ORIGINAL BILL.
vs. ) } 
JOHN P. CONSIDINE, et al. ) } 
CATHERINE McALLISTER, et al., ) } NO. B. 82,450.
vs. ) } 
JAMES H. HARNEY, et al. ) } CROSS-BILL.

The JOINT and SEVERAL ANSWER of James H. Harney, Lawrence A. Harney and Herbert E. Redding, personally and as executors of the last will and testament of Mary E. Harney, deceased, Irene Redding, Michael J. Harney, Marie Swanson, Lawrence Swanson, De Lane Harney and Bernice Harney:

These defendants, for answer to the cross-bill of complaint herein, admit that all of the material allegations therein contained, are true, as they verily believe. And now having fully answered said cross-bill of complaint, these defendants pray the court to make such disposition of the various issues involved in said cause as may be just and proper.

Solicitor for above named Defendants.

STATE OF ILLINOIS, )
 } ss.

County of Cook, )

Of the January Term, 1923.

MARY E. HARNEY )
 }

IN CHANCERY.

vs.
)

No. B-82,450.

JOHN P. CONSIDINE, et al. )

AMENDMENT TO BILL.

NOW on this day comes George W. Wilbur, solicitor for com-
plainant, and suggests to the Court that the complianant, Mary
E. Harney, departed this life testate on or about the 26th day
of July, 1922; that her last will and testament has been duly
admitted to probate in the Probate Court of said county; that
James H. Harney, Lawrence A. Harney and Herbert E. Redding were
named as executors of said will, and they have been duly ap-
pointed and qualified; that said Mary E. Harney left her sur-
viving her husband, James H. Harney, and Lawrence A. Harney, her
son, Irene Redding, wife of Herbert E. Redding, her daughter,
Michael J. Harney, her son, Catherine Harney, her daughter, James
A. Harney, her son, Marie Swanson, wife of Lawrence Swanson, her
daughter, DeLane Harney, her daughter, Bernice Harney, her daugh-
ter, and William Harney, a minor, her son, her only heirs at law
and devisees. On motion of said solicitor,

It is hereby ordered that James H. Harney, Lawrence A.
Harney and Herbert E. Redding, executors of the last will and
testament of said Mary E. Harney, deceased, and, Lawrence A.
Harney, Irene Redding, Herbert E. Redding, Michael J. Harney,
Catherine Harney, James A. Harney, Marie Swanson, Lawrence Swanson,
DeLane Harney and Bernice Harney, be and they are hereby made
parties complainant in said bill of complaint; and it is fur-
ther ordered that their respective names be substituted in lieu
of the name of said Mary E. Harney wherever her name appears in
any pleading or proceedings in said cause. And upon a further
motion of said solicitor,

It is hereby ordered that said William Harney, a minor,

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be and he is hereby made a party defendant to said bill of
complaint as above amended; that a summons issue against
him, returnable to the next term of this court, and that, upon
due service of said summons upon him, a guardian ad litem be
appointed to file his answer to the bill of complaint herein as
amended, and to act in his behalf in all proceedings herein.

AND said solicitor, George W. Wilbur, further suggests to
the Court that Catherine Considine, the grantor in the deed re-
ferred to and set forth in the bill of complaint herein, depart-
ed this life testate on or about the 13th day of January, 1922;
that her last will and testament has been duly admitted to pro-
bate in the Probate Court of said county; that John P. Consi-
dine, defendant in the bill of complaint herein, was named as
the executor of said will, and he has been duly appointed and
qualified as such. On motion of said solicitor,

It is hereby ordered that said John P. Considine, as exec-
utor of the last will and testament of said Catherine Consi-
dine, and he is hereby
decased, be made a party defendant to said bill of com-
plaint as amended, and that a summons be issued against him re-
turnable to the next term of this court.

On motion of Marshall Solberg, solicitor for John P. Consi-
dine, defendant,

It is hereby ordered that the answer of said John P. Con-
sidine to the original bill herein, stand as and for his answer
to the bill of complaint as amended.

On motion of Charles L. Bartlett, Herbert W. Becker, Charles
F. Crimes and Isidore Goodman, solicitors for Michael Espert,
defendant,

It is hereby ordered that the answer of said Michael Es-
pert to the original bill of complaint, stand as and for his
answer to the bill of complaint as above amended.

SATISFACTORY:
Solicitor for John P. Considine.

Solicitors for Michael Espert.

STATE OF ILLINOIS,

County of Cook,

ss.

Of the January Term, 1925.

MARY E. HARNETT

IN CHANCERY.

vs.

NO. 2-82,449.

JOHN P. CONSIDINE, et al.

ANNUAL MEETING TO BE HELD.

NOW on this day comes George W. Wilbur, solicitor for complainant, and suggests to the Court that said complainant, Mary E. Harney, departed this life testate on or about the 26th day of July, 1922; that her last will and testament has been duly admitted to probate in the Probate Court of said county; that James H. Harney, Lawrence A. Harney and Herbert E. Redding were named as executors of said will, and they have been duly appointed and qualified; that said Mary E. Harney left her surviving her husband, James H. Harney, and Lawrence A. Harney, her son, Irene Redding, wife of Herbert E. Redding, her daughter, Michael J. Harney, her son, Catherine Harney, her daughter, James A. Harney, her son, Marie Swanson, wife of Lawrence Swanson, her daughter, De Lane Harney, her daughter, Bernice Harney, her daughter, and William Harney, a minor, her son, her only heirs at law and devises. On motion of said solicitor,

It is hereby ordered that said James H. Harney, Lawrence A. Harney and Herbert E. Redding, as executors of the last will and testament of said Mary E. Harney, deceased, and James H. Harney, Lawrence A. Harney, Irene Redding, Herbert E. Redding, Michael J. Harney, Catherine Harney, James A. Harney, Marie Swanson, Lawrence Swanson, DeLane Harney and Bernice Harney, be and they are hereby made parties complainant in said bill of complaint; and it is further ordered that their respective names be substituted in lieu of the name of said Mary E. Harney wherever her name appears in any pleading or proceeding in said cause. And upon

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A further motion of said solicitor,

It is hereby ordered that said William Harney, a minor, be and he is hereby made a party defendant to said bill of complaint as above amended; that a woman issue against him, returnable to the next term of this court, and that, upon due service of said process upon him, a guardian ad litem be appointed to file his answer to the bill of complaint herein as amended, and to act in his behalf in all proceedings herein.

AND said solicitor, George W. Wilbur, further suggests to the Court that Catherine Considine, the grantor in the several deeds referred to and set forth in the bill of complaint herein, departed this life testate on or about the 13th day of January, 1922; that her last will and testament has been duly admitted to probate in the Probate Court of said county; that John P. Considine, a defendant in the bill of complaint herein, was named as executor of said will, and he has been duly appointed and qualified as such. On motion of said solicitor,

It is hereby ordered that said John P. Considine, an executor of the last will and testament of said Catherine Considine, deceased, be and he is hereby made a party defendant to said bill of complaint as amended, and that a summons be issued against him returnable to the next term of this court.

On motion of Marshall Solberg, solicitor for John P. Considine, defendant,

It is hereby ordered that the answer of said John P. Considine to the original bill herein, stand as and for his answer to the bill of complaint as amended.

On motion of Gustav E. Blearly, solicitor for William J. Rathje, defendant, personally and as trustee,

It is hereby ordered that the answer of said William J. Rathje, defendant, personally and as trustee, stand as and for his answer to the bill of complaint as amended.

SATISFACTORY:

Solicitor for John P. Considine,
defendant.

Solicitor for William J. Rathje,
defendant.

Solicitors for certain defendants.

Of the January Term, 1923.

IN CHANCERY.
No. B- 82,450.

We, the undersigned, hereby enter the appearance of Catherine McAllister, Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine (ad) and Mary H. Considine, defendants to the bill of complaint herein as amended, and our appearance as their solicitors. We ask the usual time in which to plead, answer or demur to said bill of complaint as amended.

CHICAGO, January 29th, 1923.

Of the January Term, 1923.

 IN CHANCERY.
} NO. B - 92, 450.

PETITION.

In Chancery Sitting:

Your petitioner, George W. Wilbur, solicitor, respectfully suggests that said Mary E. Harney, complainant, departed this life testate, on or about the 26th day of July, 1922; that her last will and testament has been duly probated in the Probate Court of said Cook County; that James H. Harney, her husband, Lawrence A. Harney and Herbert E. Redding were named in said will as executors thereof, and they have been duly appointed and qualified as such; that said Mary E. Harney left her surviving James H. Harney, her husband, and Lawrence A. Harney, her son, Irene Redding, wife of Herbert E. Redding, her daughter, Michael J. Harney, her son, Catherine Harney, her daughter, James A. Harney, her son, Marie Swanson, wife of Lawrence Swanson, her daughter, DeLane Harney, her daughter, Bernice Harney, her daughter, and William Harney, a minor, her son, and only heirs at law and devizes. Your petitioner respectfully moves the Court to substitute said James H. Harney, Lawrence A. Harney and Herbert E. Redding, as executors of the last will and testament of Mary E. Harney, deceased, and James H. Harney, her husband, Lawrence A. Harney and Emma Harney, his wife, Irene Redding, Herbert E. Redding, Michael J. Harney, Catherine Harney, James A. Harney and Bernice Harney as parties complainant in said bill of complaint, in lieu of said Mary E. Harney, now deceased, wherever her name may appear in any pleadings or proceedings in said cause. And your

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petitioner further moves the Court that said William Harney, a minor, be made a party defendant to said bill of complaint as amended, and that a summons be issued against him returnable to the next term of this Court.

Your petitioner further suggests to the Court that Catherine Considine, the grantor in the deed referred to and set forth in the bill of complaint herein, departed this life last June, on or about the 13th day of January, 1922; that her last will and testament has been duly admitted to probate in the Probate Court of said Cook County; that John P. Considine, a defendant in the bill of complaint herein, is named as executor thereof, and he has been duly appointed and qualified as such. Your petitioner respectfully moves the Court that said John P. Considine, as executor of the last will and testament of said Catherine Considine, deceased, be made a party defendant to said bill of complaint as amended, and that a summons be issued against him, returnable to the next term of this Court.

All of which is respectfully submitted.

Solicitor for Complainant.

STATE OF ILLINOIS, )
 } SE.

County of Cook, )

Of the February Term, 1925.

vs.

 ) NO. B- 82,449.

JOHN P. CONSIDINE, et al.

PETITION.

In Chancery Sitting:

Your petitioner, George W. Wilbur, solicitor, respectfully suggests that said Mary E. Harney, complainant, departed this life testate, on or about the 26th day of July, 1922; that her last will and testament has been duly probated in the Probate Court of said Cook County; that James H. Harney, her husband, Lawrence A. Harney and Herbert E. Redding were named in said will as executors thereof, and they have been duly appointed and qualified; that said Mary E. Harney left her surviving James H. Harney, her husband, and Lawrence A. Harney, her son, Irene Redding, wife of Herbert E. Redding, her daughter, Michael J. Harney, her son, Catherine Harney, her daughter, James A. Harney, her son, Marie Swanson, wife of Lawrence Swanson, her daughter, DeLand Harney, her daughter Bernice Harney, her daughter, and William Harney, son, and a minor, her only heirs at law and devisees. Your petitioner respectfully moves the court to substitute said James H. Harney, Lawrence A. Harney and Herbert E. Redding, as executors of the last will and testament of Mary E. Harney deceased, and James H. Harney, her husband, Lawrence A. Harney, Emma Harney, his wife, Irene Redding, Herbert E. Redding, Michael J. Harney, Catherine Harney, James A. Harney, Marie Swanson, Lawrence Swanson, DeLane Harney, and Bernice Harney as parties complainant in said bill of complaint, in lieu of said Mary E. Harney, now deceased, wherever her name may appear in any pleadings or proceedings.

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in said cause. And your petitioner further moves the Court
that said William Harney, a minor, be made a party defendant to
said bill of complaint as amended, and that a summons be issued
against him returnable to the next term of this Court.

Your petitioner further suggests to the Court that Cathe-
rine Considine, the grantor in the several deeds referred to and
set forth in the bill of complaint herein, departed this life
testate, on or about the 14th day of January, 1922; that her
last will and testament has been duly admitted to probate in
the Probate Court of said Cook County; that John F. Considine,
a defendant in the bill of complaint herein, is named as execu-
tor thereof, and he has been duly appointed and qualified as
such. Your petitioner respectively moves the Court that said
John F. Considine, as executor of the last will and testament
of Catherine Considine, deceased, be made a party defendant to
said bill of complaint as amended, and that a summons be issued
against him, returnable to the next term of this Court.

Solicitor for Complainant.

Of the February Term, 1923.

MARY E. HARNEY

vs.

JOHN P. CONSIDINE.

IN CHANCERY.

No. 371,215.

AMENDMENT TO BILL.

NOW on this day comes George W. Wilbur, solicitor for com-
plainant, and suggests to the Court that said complainant, Mary
E. Harney, departed this life testate, on or about the 26th day
of July, 1922; that her last will and testament has been duly
admitted to probate in the Probate Court of said county; that
James H. Harney, Lawrence A. Harney and Herbert E. Redding were
named as executors of said will, and they have been duly appoint-
ed and qualified. On motion of said solicitor,

It is hereby ordered that said James H. Harney, Lawrence
A. Harney and Herbert E. Redding, as executors of the last will
and testament of said Mary E. Harney, deceased, be and they are
hereby made parties complainant in said bill of complaint; and
it is hereby further ordered that their respective names by
substituted in lieu of the name of said Mary E. Harney, wherev-
er her name appears in any pleading or proceedings in said
cause.

On motion of Marshall Solberg, solicitor for said John P.
Considine, defendant,

It is hereby ordered that the answer of said John P. Con-
sidine to the original bill of complaint herein, stand as and
for his answer to the bill of complaint as amended.

SATISFACTORY:

Solicitor for John P. Considine,
Defendant.

To the February Term, 1922.

In Chancery Sitting:

Your oratrix, MARY E. HARNEY, of said County and State, res-
pectfully represents unto Your Honors that Michael J. Considine,
her father, departed this life testate, in said County, on or about
the 11th day of September, 1905, leaving him surviving as his dev-
isees and only heirs at law, Catherine Considine, his widow, Mich-
ael J. Considine, James J. Considine and John P. Considine, his
sons, and your oratrix, Mary E. Varney, and Susan Considine, his
daughters; that said son Michael J. Considine, departed this
life intestate, on or about the 25th day of September, 1905, leav-
ing him surviving as his only heirs at law, Catherine Considine,
his mother, his brothers and sisters above named, his widow, Mary
Considine, and his children Catherine McAllister, formerly Cath-
erine Considine, and now the wife of Walter McAllister, Michael
J. Considine, Margaret E. Considine, John P. Considine, Marshall
I. Considine and Mary H. Considine; that said Michael J. Con-
sidine, deceased, and lastly referred to, left no estate of any
kind and no letters of administration were ever taken out;
that said Susan Considine, a spinster, departed this life on or
about the 3rd day of June, 1908, intestate, leaving her surviving
as her only heirs at law, Catherine Considine, her mother, James
J. Considine, and John P. Considine, her brothers, your oratrix,
her sister, and the children of her deceased brother, Michael J.
Considine, and above named; that letters of administration were
issued upon the estate of said Susan Considine, by the Probate
Court of said Cook County, to Herbert E. Redding, as administra-
tor, on the 14th day of December, 1921; that said estate is
still pending and unsettled; that said James J. Considine de-
parted this life intestate, on or about the 3rd day of April,
1919, leaving him surviving as his only heirs at law, Catherine

Considine, his mother, your oratrix, his sister, John P. Considine, his brother, and the children of his deceased brother, Michael J. Considine, and above named; that said John P. Considine, brother of said deceased, was duly appointed and qualified as administrator of the estate of said James P. Considine, deceased, on or about the 11th day of April, 1919; that said estate is still pending and unsettled, all of which will more fully and at length appear in and by the records and files of said probate Court, in the matter of said estate, or by duly certified copies thereof ready to be produced on the trial hereof.

Your oratrix further represents that on or about the 27th day of June, 1921, she filed a petition in said Probate Court asking, among other things, that a conservator be appointed for the person and for the estate of her mother, said Catherine Considine, for the reason that she, said Catherine Considine, owing to her advanced age, she then being about eighty-eight years of age, and owing also to her enfeebled condition of mind and body, and also for the further reason that she was unable to read and to write her own name, was unable to care for her property and for herself; that a summons was duly issued upon said petition, and that, afterwards, said summons was duly served upon the said Catherine Considine, in the manner and form provided by law; that afterwards, and on, to-wit, the 4th day of January, 1922, the matter of said petition came on for hearing and disposition in due course, the petitioner being represented by her attorney, George W. Wilbur, said Catherine Considine being represented by Marshall Solberg as her attorney; that a jury was duly impaneled, and upon hearing the evidence offered in support of said petition, no evidence being offered on behalf of the respondent, said jury returned its verdict which found the said Catherine Considine to be a feeble minded person; that thereafter and on the same day the court entered its judgment upon said verdict; that the court thereafter appointed Oak Park Trust and Savings Bank as conservator of the estate of said Catherine Considine, a feeble minded person; that said Oak Park Trust and Savings Bank duly accepted said trust on the 7th day

of January, 1922; that afterwards, and on the 13th day of January, 1922, said Catherine Considine departed this life intestate, as far as your oratrix is informed, leaving her surviving as her only heirs at law, her son, John P. Considine, your oratrix, her daughter, and the children of her deceased son, Michael J. Considine, and above named; that no property of any name or nature, ever came into the possession of said Oak Park Trust and Savings Bank as such conservator, as fully appears in and by its first and final report and account in the matter of the estate of said Catherine Considine, a distracted person, which report and account was duly approved by said Probate Court on the 19th day of January, 1922; that afterwards, and on the 17th day of January, 1922, as provided by law, said Oak Park Trust and Savings Bank was duly appointed administrator of the estate of said Catherine Considine, deceased, and it is still acting as such, all of which will more fully and at length appear in and by the records and files of said Probate Court, or by duly certified copies thereof, ready to be produced on the hearing hereof.

Your oratrix further represents that in and by the said last will and testament of said Michael J. Considine, deceased, said Catherine Considine, his widow, was made residuary legatee; that under and by virtue of such provision in said will, the said Catherine Considine was devised, among other pieces of property, the following described real estate, to-wit:

The East one-third (1/3) of the West one-half (½) of Lot Seven (7), Block Twenty-five (25), in the Original Town of Chicago, in Section Nine (9), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian. Said real estate is also described as

The East Twenty-four and Eight-twelfths (24 8/12) feet of the West Seventy-four and Eight-twelfths (74 8/12) feet of Lot Seven (7) in Block Twenty-five (25) in Original Town of Chicago, in Section Nine (9), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third (3rd) Principal Meridian, situated in the City of Chicago, in the County of Cook in the State of Illinois.

Your oratrix further represents that, under the terms of the will of said Michael J. Considine, deceased, his sons James Considine (afterwards known as James J. Considine), and John Considine (afterwards known as John P. Considine), were named as executors thereof without bonds; that, upon the filing of said will and a hearing thereon, said James J. Considine and said John P. Considine were duly appointed and qualified as such executors; that said estate was fully administered and a final report and account was duly approved therein on or about the 27th day of April, 1909, all of which will more fully and at length appear in and by a copy of said will hereto attached as "Exhibit A", and made a part hereof, your oratrix hereby offering to produce said will, or a duly certified copy thereof, together with the records and files of said probate Court, in the matter of said estate, or certified copies thereof, on the hearing hereof.

Your oratrix further represents that, after the settlement of the estate of said Michael J. Considine, as above set forth, said James J. Considine, who was residing with his mother, assumed complete control over and management of all of the real and personal property left by his late father, including the real estate disposed of by his will; that he continued to so control and manage said property until the time of his death, as above set forth; that, immediately thereafter, said John P. Considine took possession of and complete control over and management of all of said property, and he has continued so to do down to the present time, with a slight exception as to certain real estate which was devised to your oratrix under the will of her father; that said James J. Considine was residing with his mother in an apartment building known as Number 5668 Washington Boulevard, in said City of Chicago, at the time of his death; that, immediately after the death of his brother, said John P. Considine and his wife, Agnes, moved into the home of his mother above mentioned, and said John P. Considine immediately assumed control of said apartment, and of all of the prop-

erty of his mother, as well as the remainder of the property devised by the will of his father to other devisees; that said John P. Considine continued to exercise such control over his mother, her property and affairs during all of the time he resided with her, and until the time of her death, as above stated; that, during the time last referred to, said John P. Considine was able to induce, persuade or compel his mother to make such disposition of her property as he might direct, and to the complete exclusion of your oratrix and of certain of the other heirs at law of said Catherine Considine, and herein named; that, owing to her enfeebled condition of mind and body, which had continued for more than five years prior to her death, and also on account of her advanced age and of her lack of education, as above set forth, said John P. Considine was able to and he did so induce, persuade or compel her to execute any legal papers that he might desire for his own advantage, he well knowing that she could not read and that she could not comprehend the same in the slightest degree, or the legal effect of such documents; that said Catherine Considine never had any business experience, and she never was able to attend to any of her property affairs, after the death of her husband, who was an active business man, and during his career he accumulated property of upwards of the value of $150,000.00.

Your oratrix further represents that said John P. Considine, one of the defendants hereinafter named, taking advantage of his undue influence over and control of his said mother, by reason of her enfeebled condition of mind and body and of the other conditions above set forth, and on or about the 18th day of October, 1920, did induce, persuade or compel his said mother to affix her mark to a certain alleged warranty deed, wherein, for a specified consideration of Ten Dollars, she attempted to convey and warrant to one Michael Espert, of said City of Chicago, the following described real estate, to-wit:

The East Twenty-four and Eight-twelfths (24 8/12) Feet of the West Seventy-four and Eight-twelfths (74 8/12) Feet of Lot Seven (7) in Block Twenty-five (25) in Original Town of Chicago,

in Section Nine (9), Township Thirty-nine (39) North, Range Four-
teen (14), East of the Third Principal Meridian, situated in the
City of Chicago, in the County of Cook in the State of Illinois.

Your oratrix further represents that, at the end of said
alleged warranty deed is what purports to be the mark of said
Catherine Considine, which mark appears to have been affixed
by one Frank S. Bates and said John P. Considine; that said
deed contains an alleged acknowledgment, certified to by said
Frank S. Bates as a Notary Public, on the 20th day of November,
1920; that it bears a cancelled revenue stamp in the sum of
$10.00; that said deed was filed for record in the Recorder's
Office of said Cook County on the 26th day of November, 1920, as
Document No. 7,003,099, and was recorded in Book 16,535 of Rec-
cords, at Page 97, all of which will more fully and at length ap-
pear in and by a copy of said deed hereto attached as "Exhibit
B", and made a part hereof, your oratrix hereby offering to pro-
duce said warranty deed, or a duly certified copy thereof, on the
hearing hereof.

Your oratrix further represents that said real estate
herein described, at the time of said alleged conveyance, was
owned by said Catherine Considine in fee simple, it being a por-
tion of the real estate devised to her by the will of her late
husband, Michael J. Considine, as above set forth.

Your oratrix further represents that, at the time of the
execution of said alleged warranty deed, said Catherine Consi-
dine, owing to her encumbered condition of mind and body, and by
reason of the other conditions herein set forth, was wholly un-
able to realize or to understand and comprehend her act in at-
tempting to execute said deed; that, by reason thereof, said al-
leged warranty deed is not and was not the deed of said Cathe-
rine Considine, because of her want of mental capacity and abil-
ity to realize and to understand the purport and nature of her
action in attempting to execute the same. And your oratrix
further states that said Catherine Considine, at the time of
the execution of said alleged deed, and for a long time prior
thereto, was wholly under the care and control of her said son,

John P. Considine, as herein set forth; that, by reason thereof, said John P. Considine had and did exercise an undue influence over his said mother, and he did thereby cause her to attempt to execute the alleged warranty deed, by reason thereof the alleged warranty deed is not the deed of said Catherine Considine. Your oratrix further states, upon information and belief, and she so alleges the fact to be, that, at the time of the attempted execution of said alleged warranty deed, said Catherine Considine was not in need of money for any purposes of her own, neither did she receive the consideration paid for said deed, or any portion thereof, for her own use and benefit, either directly or indirectly, as your oratrix verily believes, unless a part thereof may have been used to remove an incumbrance upon said real estate; and your oratrix further states that she verily believes that said John P. Considine appropriated to his own use and benefit the net amount which he received from the sale of said real estate, which may have been the sum of $10,000.00, less any amount that may have due upon an incumbrance thereon. And your oratrix further states, upon information and belief and she so charges the fact to be, that said real estate in said warranty deed described, at the time of the pretended sale thereof, was worth upwards of the sum of $15,000.00, and that the consideration which said John P. Considine apparently received therefor, was grossly inadequate.

Your oratrix, therefore, respectfully prays that the alleged warranty deed herein referred to and made between said Catherine Considine and said Michael Espert, may be set aside and held for naught as to the one-third interest of your oratrix therein; and may the said Michael Espert be ordered and decreed by this court to convey to your oratrix, as one of the heirs at law of said Catherine Considine, deceased, by a good and sufficient deed of conveyance, her said undivided one-third interest in and to said real estate; that, in the event of the failure, neglect or refusal of said Michael Espert to make such deed, if ordered and decreed so to do by this court, then and in that case may this

this court appoint some suitable and proper person to make such conveyance to your oratrix, and may such deed, when so executed and delivered, have the same force and effect as though the same had been duly and formally executed by the said Michael Espert. If, however, this court does not order and decree the said Michael Espert to make and execute such deed to your oratrix, then may this court order and decree that one-third of the net sum so received by said John P. Considine from the sale of said real estate, be either paid directly by him to your oratrix, or may the same be held by said John P. Considine as a trust fund in his hands, with interest thereon from the time he received the same, subject to the further order of this court, pending the final disposition of the issues herein, provided, further, that this court finds said John P. Considine did receive the consideration for the sale of said real estate, and that he did appropriate the net amount so received to his own use and benefit.

Yorasmuch, therefore, as your oratrix is without remedy in the premises, except in a court of equity, and to the end that said John P. Considine, Michael Espert, and the children and only heirs at law of said Michael J. Considine, deceased, namely, Catherine McAllister, formerly Catherine Considine, and now the wife of Walter McAllister, Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine, Marshall I. Considine and Mary H. Considine, all of whom are made parties defendant to this, your oratrix's bill of complaint, may be required to make full and direct answer to the same, but not under oath, their answers under oath being hereby expressly waived; that, upon the hearing herself, may the court order and decree that said Michael Espert convey to your oratrix, by a good and sufficient deed of conveyance, an undivided one-third interest in and to the real estate herein lastly described, which real estate was acquired by said Michael Espert under the alleged warranty deed from said Catherine Considine; that, in the event said Michael Espert neglects or refuses to make such deed, then and in such case may this court appoint some suitable and proper person to execute the same, and may such deed, when so executed and deliv-

ered, be of the same tenor and effect as though the same had
been duly and formally executed and delivered by the said Mich-
ael Espert. In the event, however, that this court does not er-
der and decree the execution of such deed by said Michael Es-
pert, in accordance with the prayer hereof, then and in such case
may this court order and decree that the said John P. Considine,
pay to your oratrix direct an undivided one-third of the net
consideration received by him under and by said conveyance, with
interest thereon from the time he received the same, provided
it appears to the court that he, said John P. Considine, did re-
ceive said consideration and that he did appropriate the net
amount thereof to his own use and benefit; or may the court
order and direct that the net amount so received by said John
P. Considine and which may belong to your oratrix, be held as a
trust fund in the hands of said John P. Considine, subject to the
order of this court, pending the final disposition of the issues
herein. And may your oratrix have such other and further re-
lief in the premises as equity may require and to the court
shall seem meet.

May it please the court to grant the writ of summons in
chancery, directed to the sheriff of said Cook County, command-
ing him that he summon the defendants, John P. Considine, Michael
Espert, Catherine McAllister, Walter McAllister, Michael J. Con-
sidine, Margaret E. Considine, John P. Considine, Marshall I. Con-
sidine and Mary H. Considine, to be and appear before the said
court on the first day of the next February term thereof, to be
held at the court house in the City of Chicago, in said county,
on the third Monday of February, 1922, then and there to answer
this bill, etc.

"E HIBIT 'A'"

In the Name of God, Amen.

I, Michael J. Considine of the City of Chicago in the County of Cook and State of Illinois being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare, this to be my last Will and Testament:

First, I order and direct that my Executors herinafter named pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

Second, After the payment of such funeral expenses and debts, I give, devise and bequeath To my beloved wife Catherine Considine all my Real Estate in the City of Chicago County of Cook & State of Illinois excepting the following parcels of Real Estate to wit:

First I devise & Bequeath to my beloved Daughter Susan Considine Real Estate known as Number 413, and 415 South Centra Avenue in the City of Chicago, She to assume any & all incumberance on said property.

Secondly, I give devise & bequeath to my beloved son John Considine Real Estate known as Number 417 South Centra Ave. in said City of Chicago, he to assume any & all incumberance on same.

Thirdly, I give devise & bequeath to my beloved son James Considine Real Estate known as Number 409 South Centra Avenue in the City of Chicago, he to assume any and all incumberance on this property.

Fourthly, I give devise & bequeath to my beloved Daughter Mary Harney, Real Estate known as Number 519 & 521 West 13th Street in the City of Chicago, she to assume any & all incumberance on said property.

Fifthly, I give devise & bequeath to my said beloved wife Catherine Considine all the rest & residue of my Real Estate in the City of Chicago County of Cook & State of Illinois.

Sixthly, I bequeath to my beloved wife Catherine Considine all my personal property & effects of whatsoever kind & nature.

Lastly, I make, constitute and appoint my sons James Considine & John Considine without Bonds to be Executors of this, my last Will and Testament, hereby revoking all former Wills by me made.

In Witness Whereof, I have hereunto subscribed my name, and affixed my seal, the Eleventh day of September in the year of our Lord one thousand nine hundred & Five (1905).

Michael J. Considine (Seal)

This Instrument, was on the day of the date thereof signed, published and declared by the said testator Michael J. Considine to be his last Will and Testament, in the presence of us who at his request have subscribed our names thereto as witnesses, in his presence, and in the presence of each other.

To the February Term, 1923.

In Chancery Sitting:

Your orators, James H. Harney, Lawrence A. Harney and Herbert E. Redding, as executors of the last will and testament of Mary E. Harney, deceased, and Lawrence A. Harney, Irene Redding, formerly Irene Harney, Michael J. Harney, Catherine Harney, James A. Harney, Marie Swanson, formerly Marie Harney, DeLane Harney and Bernice Harney, devisees and heirs at law of said Mary E. Harney, deceased, respectfully represent that Catherine Considine departed this life on or about the 13th day of January, 1922, leaving her surviving, said Mary E. Harney, her daughter, now deceased, John P. Considine, her son, and a defendant hereinafter named, and Mary Considine, John Considine, Michael Considine, Catherine McAlister, formerly Catherine Considine, Marshall Considine and Margaret Considine, children and only heirs at law of Michael Considine, now deceased, who was a son of said Catherine Considine, deceased, who are also made parties defendant herein; and your orators further represent that said Mary E. Harney departed this life, testate, on or about the 26th day of July, 1922, leaving her surviving her husband, James H. Harney, and her only heirs at law and devisees, your orators, Lawrence A. Harney, Irene Redding, Michael J. Harney, Catherine Harney, James A. Harney, Marie Swanson, DeLane Harney, Bernice Harney and William Harney, who is a minor; that the last will and testament of said Mary E. Harney was duly admitted to probate in the Probate Court of said Cook County on or about the 6th day of September, 1922; that said James H. Harney, Lawrence A. Harney and Herbert E. Redding were duly appointed and have qualified as executors thereof, all of which will more fully and at length appear in and by the records and files of said Probate

To the February Term, 1923.

In Chancery Sitting:

Your orators further represent that said Catherine Considine, deceased, on or about the 19th day of December, 1919, attempted to execute a certain instrument in writing purporting to be her last will and testament; that, in and by said instrument, among other things, it is stated: "and as a part of my indebtedness I recognize that my son John P. Considine has a good and valid claim against me and my estate, in the sum of Twelve Thousand, Three Hundred and Thirty-eight Dollars ($12,338.00), which my executor is hereby directed to pay as a part of the indebtedness of my estate before the payment of the legacies hereinafter set forth"; that, in and by said alleged will, said Catherine Considine directs that $1,000.00 be used for the care of the family lot in Calvary Cemetery, and it also directs that the executor pay to Reverend Father Joseph G. Kennedy, S. J., $1,000.00 for the saying of masses for the repose of the souls of her late husband, Michael J. Considine Sr., and for her departed children Michael Considine Jr., Susan Considine and James J. Considine; that said alleged will purports to devise to said Mary E. Harney certain articles of personal property, and it also attempts to devise to her said son, John P. Considine, and to said Mary E. Harney and to the children of her deceased son, Michael Considine, certain other articles of personal property, consisting of chinaware, furniture and jewelry; that said alleged will also purports to devise to said Mary E. Harney the property known as Number 624 West Lake Street, Chicago, Illinois; that it also attempts to devise to said John P. Considine the property known as Number 30 South Halsted Street, Chicago, Illinois, together with all her right, title and interest in and to the estates of her deceased children, James J. Considine and Susan Considine; that said alleged will also purports to devise to her grandchildren, Mary, John, Michael, Catherine, Marshall and Margaret, children of Michael J. Considine Jr., deceased, share and share alike, all her right, title and interest in the property known as 1404 Blue Island

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Avenue, Chicago, Illinois; that said alleged will also provides
that if the amount of reducible securities on hand at the time
of her decease are insufficient to pay her funeral expenses,
debts and cash legacies, then she directs her executor to dispose
of the property known as Number 1262 Blue Island Avenue, Chi-
cago, Illinois, and to pay the deficiency out of the proceeds of
such sale, and the balance left from said sale she directs her
executor to turn over to her daughter, Mary E. Harney; that if
it is not necessary to apply to said real estate for any defi-
ciency, then she directs her executor to convey said property
to said Mary E. Harney; and said alleged will further provides
that all the rest, residue and remainder of said estate be di-
vided equally between her son, John P. Considine, and her daugh-
ter, Mary E. Harney; that said alleged will also contains a
provision that, in the event any beneficiary shall in any man-
ner contest said will then such contestant shall forfeit all
benefits under such will; that said alleged will appoints
said John P. Considine to be executor thereof, without bond, and
it further provides that said executor "may settle the estate
in his own way, and sell any or all of the real estate or per-
sonal property at public or private sale, as he may think best,
and I hereby devise and bequeath to my said executor all my
right, title and interest in and to any real estate which I may
now own or may die possessed of or owner of, giving him full
right and authority to convey title to purchasers to the end
that he may be able to expeditiously carry out the foregoing
provisions", all of which will more fully and at length appear
in and by said instrument, when produced in court on the hearing
hereof, and by a copy thereof which is hereto attached as "Ex-
hibit A", and made a part of this bill of complaint.

Your orators further represent that, on the 14th day of
April, 1922, said instrument of writing, purporting to be the
last will and testament of said Catherine Considine, deceased,
was filed for probate in the Probate Court of said Cook County,
and on the 7th day of August, 1922, said instrument of writing
was then and there probated, and letters testamentary thereon

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were ordered to be issued to said John P. Considine as execu-
tor, he being the person named in said instrument as executor
thereof; that, thereafter, and on the 18th day of September, 1922,
said John P. Considine then and there took upon himself the
burden of sole executor of the supposed last will and testament
of said Catherine Considine, deceased, by filing his personal
bond and taking the oath provided by law, and letters testamen-
tary were thereupon issued to him, all of which will more fully
and at length appear in and by the records and files of said
Probate Court, in the matter of said estate, or by duly certified
copies thereof, ready to be produced on the hearing hereof.

Your orators further represent that said Catherine Consi-
dine, at the time of the alleged execution of said instrument
in writing, purporting to be her last will and testament, was
upwards of eighty-four years of age; that she was never able
to either read or to write the English language, and she was
never able to write her own name; that, at said time, she was
not of sound and disposing mind and memory, and for a long peri-
od of time prior thereto, she had not been of sound and dispos-
ing mind and memory; and your orators allege the fact to be
that, at the time of the attempted execution of said alleged
will, and for a number of years prior thereto, said Catherine
Considine was in her dotage; that, by reason of her physical
and mental infirmities, her mind and memory were so impaired as
to render her wholly incapable of making any just and proper
distribution of her estate.

Your orators further represent that the defendant, John P.
Considine, the principal legates and beneficiary under said pre-
tended will, used and exercised many undue arts and fraudulent
practices, and he also resorted to falsehood and misrepresen-
tation in order to induce the said Catherine Considine to at-
tempt to execute the said instrument in writing; that said
Catherine Considine, in attempting to execute said instrument,
was, in fact, wholly under the control and improper restraint
and undue influence of said John P. Considine, by reason of his
false and fraudulent practices and misrepresentations.

Your orators further represent that, at the time of the attempted execution of said instrument in writing, said Catherine Considine was residing in her home, Number 5868 West Washington Boulevard, in the City of Chicago, in said County and State; that she had resided there with her son James J. Considine for several years prior to his death, which occurred on or about the 3rd day of April, 1919; that, almost immediately after the death of said James J. Considine, said John P. Considine, with his wife Agnes Considine, moved into the home of his mother, and took up their residence there, where they continued to reside until her death; that, during all of the time said John P. Considine and his wife resided with his mother, the entire family consisted of said Catherine Considine and said John P. Considine and his wife Agnes; that no servants were ever employed about said home from the time John P. Considine took up his residence there until the death of his mother; that, during all of said time and up to the time when she was taken with her last illness, said Catherine Considine was required to and she did the work of a servant about her own home, notwithstanding her great age and her enfeebled mental and physical condition, although she was entitled to and would have had an income from her property sufficient to have enabled her to live in comfort, had it not been for the fact that said John P. Considine had taken complete control over all of her property and the income therefrom, for his own use and benefit; and your orators state upon information and belief, and they so charge the fact to be, that said John P. Considine never rendered to his mother any account thereof, and he never gave to her any of the income from her property, neither did he furnish her suitable care, proper food and clothing.

Your orators further represent upon information and belief and they so charge the fact to be, that about a month prior to the pretended execution of said instrument in writing, said John P. Considine invited to the home of his mother and to meet him, Marshall Solberg, his attorney, and Dr. Albert H. Carter, his family physician, at which meeting it is pretended that the prep-

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aration of a will to be executed by said Catherine Considine was under consideration; that, thereafter, and upon a like invitation from said John P. Considine, said Marshall Solberg and Dr. Albert H. Carter again met at the home of said Catherine Considine, for the alleged purpose of a further consideration of the preparation of a will to be executed by her, although no such instrument, at that time, had been prepared.

Your orators further represent, upon information and belief and they so charge the fact to be, that on or about the 19th day of December, 1919, upon the request and invitation of said John P. Considine, said Marshall Solberg, his attorney, said Dr. Albert H. Carter, his family physician, and Mrs. Barbara Stewart, the mother-in-law of said Dr. Carter, met at the home of said Catherine Considine, for the sole purpose of obtaining the attempted execution of said instrument in writing, purporting to be the last will and testament of said Catherine Considine; that, at said time and place, the name of said Catherine Considine was placed upon said alleged last will and testament while her hand was wholly under the control of said Marshall Solberg, he taking her hand in his hand while he then attempted to guide her hand in a manner so as to produce her name upon said instrument at the place thereon intended for the signature of the testatrix; that the letters "C" "C" were placed upon each page of said pretended will, under the same circumstances and by the same means, by said Marshall Solberg; that, at said time, owing to her great age and to her enfeebled mental and physical condition, said Catherine Considine was wholly unable to understand and comprehend and she did not understand and comprehend the contents, purport and meaning of said alleged will and the result that would follow her execution thereof; that also by reason of her great age, her mental incapacity and her great physical weakness, she did not neither could she understand and comprehend the great purport and meaning of said instrument and what its execution involved.

Your orators further represent that all of said parties who participated in and who assisting in obtaining the attempt-

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ed execution of said instrument in writing were employed by or
were wholly under the control of said John P. Considine; that
said Catherine Considine was never given an opportunity to con-
sult with any competent and disinterested person or attorney
of her own selection, who could properly advise her upon a mat-
ter of so great importance to all parties interested in her
estate, even if she had been able, mentally and physically, to
avail herself of such consultation and advice.

Your orators further represent that the provision in said
alleged will wherein it is stated that said Catherine Considine
recognizes that her said son John P. Considine has a good and
valid claim against her for the sum of $12,338.00, was caused
to be inserted in said instrument by said John P. Considine
for the sole and only purpose of obtaining all of the personal
estate of his said mother, in the event of her death; that, at
the date of said instrument, said Catherine Considine was not
indebted to said John P. Considine in any amount, as your ora-
tors verily believe, but on the contrary thereof, said John P.
Considine was indebted to his mother in a large amount.

Your orators further represent that said William Harney,
a son of Mary E. Harney, deceased, and said Marshall Considine, a
son of Michael Considine, Jr., deceased, are infants under the
age of twenty-one years, and they have no legal guardian, there-
fore a guardian *ad litem* should be appointed by the Court, to
appear for and to represent the interests of said minor defend-
ant(s).

Forasmuch, therefore, as your orators are without remedy in
the premises, except in a court of equity, your orators pray that
the said John P. Considine, personally and as executor of the
alleged last will and testament of Catherine Considine, deceas-
ed, Agnes Considine, wife of John P. Considine, William Harney, a
minor, and Mary Considine, John Considine, Michael Considine, Cath-
erine McAllister, Marshall Considine, a minor, and Margaret Consi-
dine, who are made parties defendant to this bill, may be required
to make full and direct answer to the same, but not under oath,
the answer under oath being hereby expressly waived; that a

guardian ad item may be appointed by the court for the de-
fendants William Harney and Marshall Considine, infants; that
the said instrument in writing purporting to be the last will
and testament of Catherine Considine, deceased, and the probate
thereof may be set aside and declared to be null and void, and
not the last will and testament of said Catherine Considine,
deceased, and that the estate of said Catherine Considine, de-
ceased, may be distributed among her heirs at law according to
law; and may your orators have such other and further relief
in the premises as equity may require and to the court shall
seem meet.

May it please the court to grant the writ of summons in
chancery, directed to the sheriff of said County of Cook, com-
manding him that he summon the defendants, John P. Considine,
personally and as executor of the last will and testament of
Catherine Considine, deceased, Agnes Considine, William Harney,
a minor, Mary Considine, John Considine, Michael Considine, Cathe-
rine McAlister, Marshall Considine, a minor, and Margaret Consie
dine, to appear before the said court on the first day of the
February Term, 1925, to be held at the court house in the City
of Chicago, in the County of Cook aforesaid, on the first Monday
of February, 1925, then and there to answer this bill, etc.

"EXHIBIT A."

IN THE NAME OF GOD, AMEN:

I, Catherine Considine, of the City of Chicago, in the County of Cook and State of Illinois, being of sound and disposing mind and memory, do make, ordain, publish and declare this to be my last will and testament.

**First:** I order and direct that my executor, hereinafter named, pay all of my just debts and funeral expenses as soon after my decease as conveniently may be, and as a part of my indebtedness I recognize that my son John P. Considine has a good and valid claim against me and my estate, in the sum of Twelve Thousand, Three Hundred and Thirty-eight Dollars, which my executor is hereby directed to pay as a part of the indebtedness of my said estate before the payment of the legacies and bequests hereinafter set forth.

**Second:** I hereby direct my said executor to use and apply One Thousand Dollars ($1,000.00) for the care of the family lot in Calvary Cemetery. I also direct said executor to pay to the Reverend Father Joseph G. Kennedy, S. J. (of the Holy Family Parish), One Thousand Dollars ($1,000.00) for the saying of masses for the repose of the souls of my late husband, Michael J. Considine, Sr., and my departed children, Michael Considine, Jr., Susan Considine and James J. Considine.

**Third:** I give, devise and bequeath to my daughter, Mrs. Mary E. Harney, my marble clock and two (2) bronze statues, or she may select, in place of said marble clock and two (2) bronze statues, my two (2) large vases. I also give, devise and bequeath to my daughter Mrs. Mary E. Harney, my curio cabinet, seal skin coat, mahogany bedroom set and oil paintings, except that one described as "Mary, Queen of Scots," which I hereby give, devise and bequeath to my son, John P. Considine.

**Fourth:** I give, devise and bequeath to my said executor all of my chinaware, and direct him to divide the same between my daughter, Mrs. Mary E. Harney, and my grandchildren, being the children of Michael J. Considine, Jr., deceased, surviving me,

empowering the said executor to divide said chinaware in such a way as he may deem equitable and just.

**Fifth:** I give, devise and bequeath to Catherine Considine my walnut bedroom set.

**Sixth:** I give, devise and bequeath to my son, John P. Considine, my floor lamp and my sun parlor set, consisting of two (2) chairs and a table, and also all the rest and residue, of my furniture, household goods and effects not herein otherwise disposed of.

**Seventh:** I give, devise and bequeath my chain to my grandchildren, Margaret and Mary Considine; and my watch to my grandchild, Catherine Harney.

**Eighth:** I give, devise and bequeath to my daughter, Mrs. Mary E. Harney, of Oak Park, Illinois, my property on Lake Street, known as Number 624 West Lake Street, Chicago, Illinois.

**Ninth:** I give, devise and bequeath to my son, John P. Considine, my property on Halsted Street, known as number 30 South Halsted Street, Chicago, Illinois.

**Tenth:** I give, devise and bequeath to my son, John P. Considine, all my right, title and interest in and to the estates of my deceased children James J. Considine and Susan Considine.

**Eleventh:** I give, devise and bequeath to my grandchildren, Mary, John, Michael, Catherine, Marshall and Margaret, children of Michael J. Considine, Jr., deceased, share and share alike, all my right, title and interest in the property known as 1404 Blue Island Avenue, Chicago, Illinois.

**Twelfth:** If the amount of cash and reducible securities on hand at the time of my decease are insufficient to pay my funeral expenses, debts and cash legacies herein provided, then I direct my said executor to dispose of the property known as number 1262 Blue Island Avenue, Chicago, Illinois, and pay said deficiency out of the proceeds of said sale, and the balance left from said sale I hereby direct my said executor to turn over to my daughter, Mrs. Mary E. Harney. If it is not necessary to apply to said real estate for any deficiency, as above set forth, then I direct my said executor to convey said property to my daughter, Mrs. Mary E. Harney.

**Thirteenth:** All the rest, residue and remainder of my estate I hereby order and direct to be divided equally between my son John P. Considine, and my daughter, Mrs. Mary E. Harney.

**Fourteenth:** Should any of the beneficiaries under this, my will, or any of my heirs, object to the probate thereof, or in any wise, directly or indirectly contest or aid in contesting the same or any of the provisions thereof, or the distribution of my estate thereunder, then and in that event I annul any bequest herein made to such beneficiary, and it is my will that such beneficiary, or heir, shall be absolutely barred and cut off from any share in my estate, and as to the residuary, if either of them contests or objects to the probate of my will or any provision thereof, then the other of said residuary legatees, or his or her heirs, is hereby given all the rest, residue and remainder of my estate, as provided in the residuary clause.

**Fifteenth:** I do hereby make, constitute and appoint my son, John P. Considine, Sole Executor of this my Last Will and Testament, and it is my wish, and I do hereby request that he may not be compelled to give any bond or security as such executor, and that he may settle the estate in his own way, and sell any or all of the real estate or personal estate at public or private sale, as he may think best, and I do hereby devise and bequeath to my said executor all my right, title and interest in and to any real estate which I may now own or may die possessed of or owner of, giving him full right and authority to convey title to purchasers to the end that he may be able to expeditiously carry out the foregoing provisions; and I do hereby revoke all and every former will by me made.

In Witness Whereof, I have hereunto subscribed my name and affixed my seal, this 19th day of December, 1919.

Catherine Considine (Seal)

This instrument, consisting of five (5) pages, with the initials of Catherine Considine, the Testatrix, written on the margin of each page in her own handwriting, was on the day of the

date thereof signed, sealed, published and declared by the said
Testatrix to be her last will and testament, in the presence of
us, who, at her request, have subscribed our names thereto as
witnesses in her presence and in the presence of each other.

Albert H. Carter, 158 N. Parkside Ave.

Barbara Stewart 158 N. Parkside Ave.

GEORGE W. JUBRIS

CHICAGO
1413 WABASH AVENUE
VILLAGE ROAD

CHICAGO

Of the March Term, 1923.

JAMES H. BARNESY, et al., ) ) IN CHANCERY.
vs. ) ) NO. B. 82,450.
JOHN P. CONSIDINE, et al. )

THE JOINT AND SEVERAL ANSWER of catherina McAllister,
Walter McAllister, Michael J. Considine, Margaret
L. Considine, John P. Considine, (2nd) and Mary E.
Considine, defendants, to the amended bill of com-
plaint of James H. Barney, et al.:

These defendants, for answer to said bill of complaint as
amended, admit that all of the material allegations therein con-
tained, are true, as they verily believe. And now having fully
answered said bill of complaint as amended, these defendants
pray the court to make such disposition of the various issues
involved in said cause as may be just and proper.

Solicitors for Defendants lastly above
named.

Of the March Term, 1923.

JAMES H. HARNET, et al.,
vs.
JOHN P. CONSIDINE, et al.

IN CHANCELLOR.
No. B. 82,449.

THE JOINT AND SEVERAL ANSWER of Catherine McAllister,
Walter McAllister, Michael J. Considine, Margaret
E. Considine, John P. Considine (2nd) and Mary E.
Considine, defendants, to the amended bill of com-
plaint of James H. Harney, et al.:

These defendants, for answer to said bill of complaint as
amended, admit that all of the material allegations therein con-
tained, are true, as they verily believe. And now having fully
answered said amended bill of complaint as amended, these defend-
ants pray the court to make such disposition of the various issu-
es involved in said cause as may be just and proper.

Solicitors for defendants lastly above
named.

STATE OF ILLINOIS, )
 } ES.

County of Cook,  }

Of the March Term, 1925.

JAMES H. HARNEY, et al., ) } AMENDED BILL.
vs. ) } )
JOHN P. CONSIDINE, et al., ) } NO. 82, 450.
CATHERINE McALLISTER, et al., ) } CROSS-BILL.
vs. ) } )
JAMES H. HARNEY, et al. ) }

In Chancery Sitting:

Your orators, Catherine McAllister, Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine (2nd) and Mary H. Considine, respectfully represent that Mary E. Harney, on or about the 11th day of February, 1922, filed her bill of complaint in this court, wherein your orators and others were made parties defendant, that, on or about the 26th day of July, 1922, said Mary E. Harney departed this life testate; that her last will and testament has been duly admitted to probate in the Probate Court of said County, and the executors named therein were duly appointed and they have been duly qualified as such; that, thereafter, the death of said Mary E. Harney was duly suggested of record in this court, and her executors and her heirs at law and devisees were made parties complainant herein, and certain other parties were made defendants to said bill as amended, all of which will more fully appear in and by the records and files of this court in said cause; that in and by said original bill as amended, John P. Considine, Michael Nespert, William Harney, Marshall I. Considine, defendants hereinafter named, and your orators are made parties defendant; that in and by said bill of complaint as amended, said com-

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complainants ask that a certain warranty deed, bearing the name of Catherine Considine, widow, for a consideration of ten dollars, which purports to convey to Michael Napert, a certain piece of real estate set forth and described in "Exhibit B", attached to said bill of complaint as amended, may be set aside and held for naught, and that the complainants may have such other and further relief as equity may require and to the court shall seem meet; that your orators caused their appearance in said cause to be entered by their solicitors, and they have filed their answer to said bill of complaint as amended, admitting the allegations thereof to be true, all of which will more fully and at length appear in and by the files, records and proceedings in said cause in this court.

Your orators further respectfully represent that Michael J. Considine, the grandfather of certain of your orators, departed this life testate, on or about the 11th day of September, 1905, leaving him surviving as his devisees and only heirs at law, Catherine Considine, his widow, Michael J. Considine, James J. Considine and John P. Considine, his sons, and Mary E. Harney and Susan Considine, his daughters; that said son, Michael J. Considine, the father of certain of your orators, departed this life intestate, on or about the 25th day of September, 1905, leaving him surviving as his only heirs at law, Catherine Considine, his mother, his brothers and sisters above named, his widow, Mary Considine, and his children, your orators, Catherine McAllister, wife of Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine (2nd), Marshall I. Considine, now a minor, and Mary E. Considine; that said Michael J. Considine, deceased, and lastly referred to, left no estate of any nature; that said Susan Considine, a spinster, departed this life intestate, on or about the 3rd day of June, 1908, leaving her surviving as her only heirs at law, Catherine Considine, her mother, James J. Considine and John P. Considine, her brothers, Mary E. Harney, her sister, and the children of her deceased brother, Michael J. Considine, and above named; that letters were issued by said Probate Court to Herbert E. Redding as administrator of said es-

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tate, on the 14th day of December, 1921, and said estate is still
pending; that on or about the 3rd day of April, 1919, said James
J. Considine departed this life interstate, leaving him surviving
as his only heir at law, Catherine Considine, his mother, John
P. Considine, his brother, Mary E. Harney, his sister, and the chil-
dren of his deceased brother, Michael J. Considine, and above
named; that said John P. Considine was duly appointed and
qualified as administrator of the estate of said James J. Con-
sidine, deceased, on or about the 11th day of April, 1919, which
estate is still unsettled, all of which will more fully and at
length appear in and by the records and files of said Probate
Court in the matter of said several estates, or by duly certi-
fied copies thereof, ready to be produced on the hearing hereof.

Your orators further represent that on or about the 27th
day of June, 1921, said Mary E. Harney filed a petition in said
Probate Court, asking, among other things, that a conservator be
appointed for the person and for the estate of said Catherine
Considine; that a summons was duly issued upon said petition,
which was afterwards served upon said Catherine Considine in
the manner required by law; that afterwards and on the 4th day
of January, 1922, the matter of said petition came on for hear-
ing and disposition in due course, the petitioner being repre-
sented by George W. Wilbur, her attorney, and said respondent
being represented by Marshall Solberg as her attorney; that a
jury was thereupon duly impaneled, and upon hearing the evidence
offered in support of said petition, no evidence being offered
on behalf of respondent, said jury rendered its verdict which
found the said Catherine Considine to be a feeble minded per-
son; that thereafter and on the same day the court entered
its judgment upon said verdict; that thereafter the court ap-
pointed The Oak Park Trust and Savings Bank as conservator of
the estate of said Catherine Considine, a feeble minded person;
that said Oak Park Trust and Savings Bank, on the 7th day of
January, 1922, duly accepted said trust; that, on the 15th day
of January, 1922, said Catherine Considine departed this life,
leaving an instrument purporting to be her last will and tes-

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tament, her heirs and devisees surviving being said John P. Considine, her son, Mary E. Warney, her daughter, and your executors, the children of her deceased son, Michael J. Considine, and above named; that said alleged last will and testament of said Catherine Considine has been admitted to probate in the Probate Court of said county; that said John P. Considine, a defendant herein, was named as executor of said will, and he has been appointed and qualified as such, and he is still acting, all of which matters will more fully and at length appear in and by the records and files of said Probate Court in the matter of said estate, or by duly certified copies thereof, ready to be produced on the hearing hereof.

Your executors further represent that a proceeding in chancery, to have said will and the probate thereof set aside, is now pending in the Superior Court of said county.

Your executors further represent that in and by the last will and testament of said Michael J. Considine, deceased, the grandfather of certain of your executors, said Catherine Considine, his widow, was made residuary legatee; that, under and by virtue of said provision, said Catherine Considine was devised all of the personal estate of her late husband, as well as certain pieces of real estate, a part of which is described as follows, to-wit:

The past one-third (1/3) of the West one-half (½) of Lot Seven (7), Block Twenty-five (25), in the Original Town of Chicago, in Section Nine (9), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian. Said real estate is also described as

The East Twenty-four and Eight-twelfths (24 8/12) feet of the West Seventy-four and Eight-twelfths (74 8/12) feet of Lot Seven (7) in Block Twenty-five (25) in Original Town of Chicago, in Section Nine (9), Township Thirty-nine (39) North, Range Fourteen (14) East of the Third (3rd) Principal Meridian, situated in the City of Chicago, in the County of Cook and State of Illinois.

Your executors further represent that, under the terms of the will of said Michael J. Considine, deceased, his sons James Considine (afterwards known as James J. Considine), and John Considine (afterwards known as John P. Considine), were named as executors thereof without bond; that, upon the filing of said will and a hearing thereon, said James J. Considine and John P.

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Considine were appointed and qualified as such executors; that said estate was fully administered, and a final report and account therein were duly approved by said Probate Court on or about the 27th day of April, 1909, all of which will more fully and at length appear in and by a copy of said will, attached to the original bill of complaint herein as amended, as "Exhibit A", and which is made a part hereof by reference, and by the records and files of said Probate Court, in the matter of said estate, or by certified copies thereof, ready to be produced on the hearing hereof.

Your attorneys further represent that, after the settlement of the estate of said Michael J. Considine, deceased, as above set forth, said James J. Considine, who was at that time residing with his mother, assumed complete control over and management of all of the real estate and personal property left by his father, including the real estate disposed of by his will; that he continued to so control and manage said property until the time of his death, as above set forth; that, immediately thereafter, said John P. Considine took possession of and complete control over and management of all of said property belonging to his late father, and he has continued so to do down to the present time, with the exception of the portion thereof devised to said Mary E. Harney, by her father, as shown by the last will and testament above referred to; that said James J. Considine was residing with his mother in an apartment in the building known as No. 5668 West Washington Boulevard, Chicago, at the time of his death; that, immediately after the death of said James J. Considine, said John P. Considine and his wife, Agnes Considine, took up their residence with his mother in the apartment above referred to; that he at once assumed complete control over the same and over all of the property of his mother, as well as of the property devised by the will of his father to other devisees, except as above stated; that said John P. Considine continued to exercise such control over the property and affairs of his mother until the time of her death, as above set forth; that, owing to her enfeebled condition of mind and body, which

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had continued for more than five years prior to her death, and
also on account of her advanced age and her lack of education,
as above set forth, said John P. Considine was able to and he
did persuade, induce or compel his said mother to execute any
legal documents that he might desire for his own advantage, well
knowing that she could not read and that she could not, in the
slightest degree, comprehend the legal effect of such documents.

Your orators further represent that said John P. Considine,
one of the defendants hereinafter named, taking advantage of his
undue influence over and control of his said mother, by reason
of her enfeebled condition of mind and body, and of the other
conditions above set forth, and on or about the 18th day of
October, 1920, did induce, persuade or compel his said mother to
affix her mark to a certain warranty deed, wherein, for a speci-
fied consideration of ten Dollars, she attempted to convey and
warrant to one Michael Espert, of said City of Chicago, and a de-
ponent hereinafter named, the following described real estate,
to-wit:

The East Twenty-four and Eight-twelfths (24 8/12) west of
the West Seventy-four and Eight-twelfths (74 8/12) East of Lot
Seven (7) in Block twenty-five (25) in Original Town of Chicago,
in Section Nine (9), Township Thirty-nine (39) North, Range Four-
teen (14), East of the Third Principal Meridian, situated in the
City of Chicago, in the County of Cook in the state of Illinois.

Your orators further represent that, at the conclusion of
said alleged warranty deed is what purports to be the mark of
said Catherine Considine, which mark appears to have been wit-
nessed by one Frank S. Bates and said John P. Considine; that
said warranty deed contains an alleged acknowledgment, certified
to by said Frank S. Bates as a Notary Public, on the 26th day of
November, 1920; that it bears a cancelled revenue stamp in the
sum of $10.00; that said deed was filed for record in the Re-
corder's office of said Cook County on the 26th day of Novem-
ber, 1920, as Document No. 7,003,099, and was recorded in Book
16,535 of Records, at Page 97, all of which will more fully and
at length appear in and by a copy of said deed attached to the
original bill of complaint as amended, as "Exhibit B., which is
made a part hereof by reference, your orators hereby offering to
produce said warranty deed, or a duly certified copy thereof,

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on the hearing hereof.

Your orators further represent that said real estate here-
in described, at the time of said alleged conveyance, was owned
in fee simple by said Catherine Considine, it being a portion of
the real estate devised to her under the will of her late hus-
band, Michael J. Considine, as above set forth.

Your orators further represent that, at the time of the at-
tempted execution of said alleged warranty deed, said Catherine
Considine, owing to her ensignled condition of mind and body, and
by reason of the other conditions as herein set forth, was whol-
ly unable to realize or to comprehend and understand the pur-
port of her act in attempting to execute said deed; that, by
reason thereof, said alleged warranty deed is not and was not
the deed of said Catherine Considine. And your orators further
state that said Catherine Considine, at the time of the attempt-
ed execution of said alleged warranty deed, and for many months
prior thereto, was wholly under the care and control of her said
son, John P. Considine, as herein set forth; that, by reason
thereof, said John P. Considine had and did exercise an undue
influence over his said mother, and he did thereby cause her to
attempt to execute said alleged warranty deed, by reason where-
of the same is not the deed of said Catherine Considine. Your
orators further state, upon information and belief, and they so
allege the fact to be, that, at the time of the attempted execu-
tion of said alleged warranty deed, said Catherine Considine was
not in need of money for any purposes of her own, neither did
she receive the consideration paid for said real estate, or any
portion thereof, for her own use and benefit, either directly or
indirectly, as your orators verily believe, unless a part thereof
may have been used to remove an encumbrance upon said real
estate; and your orators further state that they verily believe
that said John P. Considine appropriated to his own use and ben-
efit, the net amount which he received from the sale of said
real estate, which amount may have been the sum of $10,000.00,
less what may have been paid for the release of said encumbrance
and for expenses of the transaction. And your orators further
state, upon information and belief, and they so charge the fact

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to be, that the real estate in said warranty deed described, at
the time of the pretended sale thereof, was worth upwards of the
sum of $15,000.00, and that the consideration which said John
P. Considine apparently received therefor, was grossly inadequate.

Your crators, therefore, pray that the alleged warranty
deed herein referred to as made between said Catherine Consid-
dine and said Michael Espert, may be set aside and held for
naught as to the interests of your crators in the real estate
therein described; that, when such interests are determined by
this court, may said Michael Espert be ordered and decreed to
convey to your crators, as heirs at law of said Catherine Consid-
dine, deceased, and by a good and sufficient deed of conveyance,
their respective interests in said real estate; that, in the
event of the failure, neglect or refusal of said Michael Espert
to make such deed, if ordered and decreed so to do, then and in
that case may this court appoint some suitable person to make
such conveyance to your crators; and may such deed, when so exa-
cuted and delivered, have the same force and effect as though
the same had been duly executed by said Michael Espert. If, how-
ever, this court does not order and decree that said Michael
Espert make and execute such deed to your crators, then may this
court order and decree that the interests of your crators in the
proceeds of said sale, when determined, be paid either directly
to your crators, or that the same be held by said John P. Consid-
dine as a trust fund, subject to the further order of this
court, provided further, that it is found that said John P. Consid-
dine did receive the net consideration for said sale, and that
he did appropriate the same for his own use and benefit.

Forasmuch, therefore, as your crators are without remedy in
the premises, except in a court of equity, and to the end that
said John P. Considine, personally and as executor of the last
will and testament of said Catherine Considine, deceased, Michael
Espert, James H. Harney, Lawrence A. Harney and Herbert E. Red-
ding, personally and as executors of the last will and testament

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of Mary E. Harney, deceased, Irene Redding, Michael J. Harney, Marie Swanson, Lawrence Swanson, De Lane Harney, Bernice Harney, William Harney, a minor, and Marshall I. Considine, a minor, all of whom are made parties defendant to this, your orators' cross-bill, may be required to make full and direct answer to the same, but not under oath, their answers under oath being hereby expressly waived; and may some suitable and proper person be appointed guardian ad litem for said minors, William Harney and Marshall I. Considine; that, upon the hearing hereof, may the alleged warranty deed from said Catherine Considine to said Michael Espert be set aside and held for naught, as to any interests which your orators may have in the real estate described therein; and when such interest is determined, may said Michael Espert be ordered and decreed to convey to your orators, as heirs at law of said Catherine Considine, deceased, by a good and sufficient deed of conveyance, their respective interests in said real estate; that, in the event of the failure, neglect or refusal of said Michael Espert to make such deed, if ordered and decreed so to do, then and in that case may this court appoint some suitable and proper person to make such conveyance to your orators. If, however, this court does not order and decree that said Michael Espert make such deed, then may this court order and decree that the interests of your orators in the proceeds of said sale, when determined, be either paid directly to your orators, or that the same may be held by said John P. Considine as a trust fund, together with legal interest thereon from the time he received the same, subject to the further order of this court, provided, further, that this court finds that said John P. Considine did receive the consideration arising from said sale, and that he did appropriate the net proceeds thereof to his own use and benefit. And may your orators have such other and further relief in the premises as equity may require and to the court shall seem meet.

Solicitors for Cross-Complainants.

)

Solicitors and of Counsel for
Cross-Complainants.

)

)

IN THE CIRCUIT COURT OF COCK COUNTY.

Of the March Term, 1925.

JAMES H. HARNEY, et al., )

vs. )

JOHN P. CONSIDINE, et al. )

vs. )

JAMES H. HARNEY, et al. )

AMENDED BILL.

CROSS-BILL.

In Chancery Sitting:

Your orators, Catherine McAllister, Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine (2nd) and Mary H. Considine, respectfully represent that Mary E. Harney, on or about the 10th day of February, 1922, filed her bill of complaint in this court, wherein your orators and others were made parties defendant; that, on or about the 26th day of July, 1922, said Mary E. Harney departed this life testate, in said county; that her will has been duly admitted to probate in the Probate Court of said county, and the executors named therein were duly appointed and have qualified as such; that, thereafter, her death was duly suggested of record in this court, and her executors and her heirs and devisees were made parties complaint herein, and certain other parties were made defendants to said bill, all of which will more fully appear by the files and records of this court; that in and by said original bill as amended, John P. Considine, Agnes Considine, his wife, and William J. Rathje, defendants hereinafter named, and your orators are made parties defendant; that in and by said amended bill of complaint, the plaintiffs ask that a certain noted, July 15th, 1921, for the sum of $11,000.00, and bearing the name of Catherine Considine, be surrendered and cancelled, and also that a certain trust deed purporting to secure the same may be

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surrendered and released; that certain deeds, bearing the name of said Catherine Considine, purporting to convey certain real estate to said John P. Considine, may be declared to be null and void, and said John P. Considine and Agnes Considine, his wife, may be ordered and decreed to convey to the complainants and undivided one-third thereof, and that the complainants may have such other and further relief as equity may require and to the court shall seem meet; that your orators caused their appearance to be entered in said cause by their solicitors, and they have filed their answer to said bill as amended, admitting the allegations thereof to be true, all of which will more fully and at length appear in and by the files, records and proceedings in said cause in this court.

Your orators further respectfully represent that Michael J. Considine, the grandfather of certain of your orators, departed this life intestate, in said County, on or about the 11th day of September, 1905, leaving him surviving as his devisees and only heirs at law, Catherine Considine, his widow, Michael J. Considine, James J. Considine and John P. Considine, his sons, and Mary E. Harney and Susan Considine, his daughters; that said son, Michael J. Considine, the father of certain of your orators, departed this life intestate, on or about the 25th day of September, 1905, leaving him surviving as his only heirs at law, Catherine Considine, his mother, his brothers and sisters above named, his widow, Mary Considine, and his children, your orators, Catherine McAllister, wife of Walter McAllister, Michael J. Considine, Margaret E. Considine, John P. Considine (2nd), Marshall I. Considine, now a minor, and Mary H. Considine; that said Michael J. Considine, deceased, and lastly referred to, left no estate of any nature; that said Susan Considine, a spinster, departed this life intestate, on or about the 3rd day of June, 1905, leaving her surviving as her only heirs at law, Catherine Considine, her mother, James J. Considine and John P. Considine, her brothers, Mary E. Harney, her sister, and the children of her deceased brother, Michael J. Considine, and above named; that letters of administration were issued to Herbert E. Redding as administrator of her estate, by

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the Probate Court of said Cook County, on the 14th day of December, 1921; that said estate is still pending; that on or about the 3rd day of April, 1919, said James J. Considine departed this life intestate, leaving him surviving as his only heirs at law, Catherine Considine, his mother, John P. Considine, his brother, Mary E. Harney, his sister, and the children of his deceased brother Michael J. Considine, and above named; that said John P. Considine was duly appointed and qualified as administrator of the estate of said James J. Considine, deceased, on or about the 11th day of April, 1919; that said estate is still pending and unsettled, all of which will more fully and at length appear in and by the records and files of said Probate Court, in the matters of said estates, or by duly certified copies thereof, ready to be produced on the hearing hereof.

Your orators further represent that on or about the 27th day of June, 1921, said Mary E. Harney filed a petition in said Probate Court asking, among other things, that a conservator be appointed for the person and for the estate of said Catherine Considine, who was about eighty-eight years of age, was in an enfeebled condition of mind and body, and for the further reason that she was unable to read or write the English language, and because she was never able to write her own name; that asumed name was duly issued upon said petition, which was afterwards served upon said Catherine Considine in the manner required by law; that afterwards and on the 4th day of January, 1922, the matter of said petition came on for hearing and disposition in due course, the petitioner being represented by George W. Wilbur, her attorney, and said Catherine Considine being represented by Marshall Solberg as her attorney; that a jury was thereupon duly impaneled, and upon hearing the evidence offered in support of said petition, no evidence being offered on behalf of the respondent, said jury rendered its verdict which found the said Catherine Considine to be a feeble minded person; that thereafter and on the same day the court entered its judgment upon said verdict; that the court thereafter appointed the Oak Park Trust and Savings Bank as conservator of the estate

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of said Catherine Considine, a feeble minded person; that said Oak Park Trust and Savings Bank, on the 7th of January, 1922, duly accepted said trust; that afterwards, and on the 13th day of January, 1922, said Catherine Considine departed this life legate, leaving her surviving as her only heirs at law and deviates, said John P. Considine, her son, Mary E. Harney, her daughter, and your orators the children of said Michael J. Considine, deceased, and above named; that the last will and testament of said Catherine Considine, deceased, has been duly admitted to probate in the Probate Court of said Cook County; that said John P. Considine, a defendant herein, was named as executor of said will, and he has been duly appointed and qualified as such, and he is still acting, all of which matters will more fully and at length appear in and by the records and files of said probate Court, or by duly certified copies thereof, ready to be produced on the hearing hereof.

Your orators further represent that a proceedings in chancery, to have the probate of the will of said Catherine Considine set aside, is now pending the Superior Court of said county.

Your orators further represent that in and by the last will and testament of said Michael J. Considine, deceased, the grandfather of certain of your orators, said Catherine Considine, his widow, was made residuary legatee, that, under and by virtue of said provision, said Catherine Considine was devised all of the personal estate of her late husband, as well as certain pieces of real estate, a part of which is described as follows:

The South one-half (½) of Lot Six (6), Block One (1) of Duncan's Addition to Chicago, in Section Seventeen (17), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian, in the City of Chicago, County of Cook and State of Illinois. Said Lot is also known as No. 50 South Halsted Street. A L S O

Lot Twenty-three (23) in Block Seven (7) in Valler's Subdivision of the North-west Quarter (N.W.) of Section Twenty (20), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian, situated in the County of Cook and state of Illinois. A L S O

Lot Three (3) in Witzman's Subdivision of part of Halderman's One and One-half (1½) Acres in Block nine (9) in Sampson and Green's Addition to Chicago, in the North-west Quarter (N.W.) of Section Twenty (20), Township Thirty-nine (39) North, Range Fourteen (14), East of the Third Principal Meridian, situated in the County of Cook and State of Illinois. Said real

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estate is also known as No. 1404 Blue Island Avenue, Chicago.

Your orators further represent that, under the terms of the will of said Michael J. Considine, deceased, his sons James Considine (afterwards known as James J. Considine), and John Considine (afterwards known as John P. Considine), were named as executors thereof, without bond; that, upon the filing of said will and a hearing thereon, said James J. Considine and John P. Considine were duly appointed and qualified as such executors; that said estate was fully administered, and a final report and account therein was duly approved by said Probate Court on or about the 27th day of April, 1909, all of which will more fully and at length appear in and by a copy of said will, attached to the original bill herein as amended, marked "Exhibit A", and which is made a part hereof by reference, and by the records and files of said Probate Court, in the matter of said estate, ready to be produced on the hearing hereof.

Your orators further represent that, after the settlement of the estate of said Michael J. Considine, deceased, as above set forth, said James J. Considine, who was residing with his mother, assumed complete control over and management of all of the real estate and personal property left by his father, including the real estate disposed of by his will; that he continued to so control and manage said property until the time of his death, as above set forth; that, immediately thereafter, said John P. Considine took possession of and complete control over and management of all of said property belonging to his late father, and he has continued so to do down to the present time, with the exception of the portion thereof devised to said Mary E. Harney, deceased, by her late father, as is shown by the last will and testament above referred to; that said James J. Considine was residing with his mother in an apartment in the building known No. 5668 West Washington Boulevard, in said City of Chicago, at the time of his death; that, immediately after the death of said James J. Considine, said John P. Considine and Agnes Considine, his wife, took up their residence with his mother in the apartment above referred to, and he at once assumed com-