Maciaszek v. Maciaszek

This is an appeal from a decree of the superior court of Cook County dismissing plaintiff's complaint for partition of a two-family property, declaring two deeds void for lack of delivery and as an invalid attempted testamentary disposition, and decreeing title in the defendant, Mary Maciaszek, on her counterclaim. A freehold is involved. Mary acquired the title from her father and mother in 1947 and mortgaged it for $2000 to provide funds due the father under a separate maintenance decree in favor of the mother. Thereafter, the upstairs apartment was rented and Mary, the plaintiff and their mother continued to live in the basement apartment until the mother's death in 1958.