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BAER v. DEBERRY

Gen. No. 48,344.

31 Ill. App.2d 86 (1961)

175 N.E.2d 673

Raymond G. Baer, et al., etc., Plaintiffs Below, v. Timothy DeBerry, Jr., Defendant Below-Appellant. Evelyn Marie DeBerry, Hattie DeBerry and Lucile Bravo DeBerry, Defendants Below-Appellees.

Appellate Court of Illinois — First District, First Division.

May 26, 1961.

Attorney(s) appearing for the Case

Heineman, Marks, Simons & Houghteling, of Chicago, for appellant.

Conrad G. Verges, of Chicago, for Evelyn Marie DeBerry, defendant-appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is an interpleader action, commenced by the trustees of a union-management welfare plan, because decedent's three wives and a son of his first marriage each claimed the plan death benefit. The chancellor directed payment to the third wife, and the son appeals.

Timothy DeBerry died October 18, 1958, a resident of Chicago, Illinois. He had been married three times. His first marriage was to Hattie DeBerry...

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