Krupp v. Sackwitz

Illinois Supreme Court

Krupp v. Sackwitz

170 N.E.2d 631, 21 Ill. 2d 29, 1960 Ill. LEXIS 471

CourtIllinois Supreme Court

DecidedDecember 1, 1960

DocketNo. 36012

StatusPublished

This text of 170 N.E.2d 631 (Krupp v. Sackwitz) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Krupp v. Sackwitz, 170 N.E.2d 631, 21 Ill. 2d 29, 1960 Ill. LEXIS 471 (Ill. 1960).

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Opinion

Mr. Chief Justice Schaefer

delivered the opinion of the court:

Alberta Sackwitz Krupp filed a petition in the probate court of St. Clair County seeking to amend the proof of heirship in the estate of Albert F. Sackwitz, to show that she was a daughter and an heir-at-law of the decedent. The probate court heard evidence and denied the petition. On appeal the circuit court of St. Clair County, after hearing evidence, dismissed her appeal. She now appeals directly to this court upon the ground that a freehold is involved. Ill. Rev. Stat. 1959, chap. 110, par. 75.

In cases that are indistinguishable from this one it has been determined that this court lacks jurisdiction upon a direct appeal from an order of this kind, (Worsley v. Welch, 317 Ill. 90; Saunders v. Saunders, 323 Ill. 43,) and upon the authority of those decisions this cause is transferred to the Appellate Court, Fourth District.

Cause transferred.

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Mr. Chief Justice Schaefer

delivered the opinion of the court:

Alberta Sackwitz Krupp filed a petition in the probate court of St. Clair County seeking to amend the proof of heirship in the estate of Albert F. Sackwitz, to show that she was a daughter and an heir-at-law of the decedent. The probate court heard evidence and denied the petition. On appeal the circuit court of St. Clair County, after hearing evidence, dismissed her appeal. She now appeals directly to this court upon the ground that a freehold is involved. Ill. Rev. Stat. 1959, chap. 110, par. 75.

In cases that are indistinguishable from this one it has been determined that this court lacks jurisdiction upon a direct appeal from an order of this kind, (Worsley v. Welch, 317 Ill. 90; Saunders v. Saunders, 323 Ill. 43,) and upon the authority of those decisions this cause is transferred to the Appellate Court, Fourth District.

Cause transferred.

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170 N.E.2d 631, 21 Ill. 2d 29, 1960 Ill. LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krupp-v-sackwitz-ill-1960.

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