Kester v. Crilly

The plaintiffs, Patricia Kester and Mary Kelly, brought an action in the circuit court of Cook County against the defendant, Bernice M. Crilly, to establish a constructive trust with respect to an improved parcel of real estate in Chicago, and for other relief. The master to whom the cause was referred found the issues for defendant and recommended a decree accordingly. From the decree of the chancellor setting aside the master's report and ordering defendant to convey an undivided one-third interest in the property to each plaintiff, defendant prosecutes a direct appeal, a freehold being necessarily involved. The decree appealed from is restricted to a determination of the rights of the parties in the real estate. Plaintiffs and defendant are sisters and the only living children of James C. and Marguerite Crilly. The property involved, a five-room frame bungalow, was formerly owned by their parents, as joint tenants, and constituted the family home. Mary married in 1935, and Bernice and Patricia continued to live with their parents. In 1943, James Crilly suffered a cerebral hemorrhage which left him partially paralyzed and an invalid. He was unable to dress himself and, although he could walk a little or ride in an automobile, he had to be watched. His paralysis affected his speech and it was difficult for him to talk.