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PASCHEN v. PASHKOW

Gen. No. 49,979.

63 Ill. App.2d 56 (1965)

211 N.E.2d 576

Lillian Paschen, as Trustee Under the Last Will and Testament of Henry Pashen, Deceased, Plaintiff-Appellant, v. Aaron D. Pashkow and Rose L. Pashkow, His Wife, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

September 16, 1965.

Attorney(s) appearing for the Case

Francis J. McConnell and Francis J. Mahon, of Chicago (McConnell, Curtis & McConnell, of counsel), for appellant.

Arvey, Hodes & Mantynband, of Chicago (Louis M. Mantynband and Walter V. Lesak, of counsel), for Aaron D. Pashkow and Rose L. Pashkow, appellees; Gilbert Gordon, of Chicago, for Morris Braun and Rose Braun, appellees.

MR. JUSTICE SULLIVAN delivered the opinion of the court.

This is an appeal from a declaratory judgment in favor of the defendants entered at the close of plaintiff's case declaring that a covenant entered into in 1896 restricting Castlewood Terrace in the city of Chicago to single family residences was binding and enforceable. Plaintiff had sought the removal of the restriction in order to construct high-rise apartments.

Castlewood subdivision was subdivided...

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