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136 Nat'l Corp. Rep. 1 (1957-1958)

handle is hein.journals/natcorprep136 and id is 1 raw text is: DEVOTED TO GENERAL NEWS, LAW, COMMERCE AND FINANCE Volume 136. Number I. CHICAGO, DECEMBER 20, 1957 . Subscription $5 a Year. Ten Cents a Copy EDWIN HALL COOKE, OFFICIAL . REPORTER. (Volume 12, Second Series.) (Illinois Advance Sheets.) The People of the State of Illinois, defendant in error, vs. Terry, plaintiff in error. (Klingbiel, J.) Vol. 12 (2nd), p. 56. (No. 34311.-Judgment affirmed.) Criminal law- when factual issues relating to alleged confession will not be considered on review-plea of guilty. Where defendant charged with murder seeks a review of his conViction on the common-law record only, his allegations that the court ap- pointed counsel to represent him, and that a confession was extorted from him by police brutality, are of no avail where the record recites that he ap- peared in court in person and by counsel but does not indi- cate that counsel was not of his own choice or was unfit, inexperienced or incompetent, and where defendant's convic- tion is based solely upon a plea of guilty, there being no evi- dence of any written or oral confession, and where none of his allegations as to the al- leged confession appear in the record, such factual issues are not open for the consideration of a reviewing court in the absence of a bill of exceptions. Same - proof of corpus delicti is unnecessary upon plea of guilty. Where a de- fendant pleads guilty to the crime of murder and waives a jury trial, he admits all facts charged in the indictment and waives any defect not juris- dictional, and it is not incum- bent upon the People to offer any proof or to prove the corpus delicti. Same - when hearing on aggravation or mitigation is waived. A hearing on aggra- vation or mitigation is not for the purpose of determining the guilt or innocence of de- fendant but is for the purpose of determining the degree of punishment for the crime charged, and the right to have such a hearing, being a per- sonal right of the defendant, may be waived, and where the record fails to show that de- fendant ever made a request for such a hearing, it will be deemed to have been waived. * * * The First National Bank of Danville, Conservator, appel- lant, vs. McMillan, Exr., et al., appellees. (Davis, C. J.) Vol. 12 (2nd), p. 61. (No. 34317.- Reversed and remanded.) Wills-purpose of statutory provision for renunciation of will by surviving spouse. The purpose of sections 16 and 17 of the Probate Act permitting a surviving spouse of a testa- tor or testatrix to renounce the will and providing proce- dure therefor is to enable the spouse to elect the most ad- vantageous course and to con- fer privileges and prevent im- positions, and, if competent, the survivor has an absolute right to file a renunciation in accordance with the statute. Same-effect of renuncia- tion by surviving spouse. The provision for a surviving spouse in a will is in legal effect an offer by the testator or testatrix to purchase the statutory interest of the sur- vivor, and renunciation is a rejection of that offer, which, in effect obliterates the provi- sions of the will for the spouse, but the remaining pro- visions are not destroyed and remain operative upon prop- erty not included within the statutory share of the spouse. Same- court may make election for incompetent sur- viving spouse. Probate courts exercise equitable jurisdiction over the property of persons who are mentally ill and phys- ically incapacitated, and sec- tion 17 of the Probate Act authorizes an election by the court for an incompetent spouse in accepting or re- nouncing a will, as the legis- lature cannot be presumed to have intended to discriminate against persons undei dis- ability, and the matter may be brought to the attention of the court by the personal rep- resentative, guardian ad litem, or next friend of the incom- petent. Same-when court should permit renunciation by incom- petent surviving spouse. Where the conservator of an incompetent surviving hus- band petitions the probate court to renounce the will of the incompetent's wife, the court should grant the peti- tion where the will virtually disinherited the husband and evidence discloses that the estate of decedent, valued at approximately $35,000, con- sisted largely of an undivided one-half interest in real estate acquired by the husband, who caused title thereto to be vested in decedent and himself as joint tenants, and that over (Continued on page 9) RECENT ILLINOIS SUPREME COURT DECISIONS RECENT ILLINOIS APPELLATE COURT DECISIONS FIRST DISTRICT First Division Presiding Justice Ulysses S. Schwartz, Justice John V. McCor- mick, Justice Edwin A. Robson. Second Division Presiding Justice Roger J. Kiley, Justice John Charles Lewe, Justice Arthur J. Murphy. Third Division Presiding Justice Joseph Burke, Justice Hugo M. Friend, Justice James R. Bryant. Clerk, Leslie V. Beck. Digested for The NATIONAL COR- PORATION REPORTER by Frederick A. Rowe, Jr. 47164. November 6, 1957. In the Matter of the Petition of Lawrence L. Miller and Eleanor Miller, his wife, to adopt Robert Isaac Miller, a minor. Lawrence L. Miller et al., petitioners-appellees, vs. Isabelle Miller, defendant-ap- pellant. Appeal from County Court of Cook County. Af- firmed. (Bryant, J.) Adoption -Petition of foster father and second wife to adopt minor nearing his majority-Adop- tion contested by foster moth- er divorced from foster father -Father having legal custody -Mother abandoning rights and privileges of visitation. This is an appeal from a decree granting a petition to adopt a minor. The only defendant, who is the appellant, was the mother of the minor son. The minor was a young man, near- ing his twenty-first birthday at the time of the proceeding. The petitioner Lawrence L. Miller was at the time of filing the petition, already the adop- tive father. Eleanor Miller is the present wife of Lawrence L. Miller. Isabelle Miller, the defendant, is the adoptive mother, she and Lawrence L. Miller having been husband and wife at the time of the original adoption of the minor when he was eight days old. The minor, being more than fourteen years of age, con- sented to his adoption by the petitioners. The adoptive fa- ther has legal custody of the minor pursuant to an order of court in a divorce proceed- ing between the defendant and the petitioner. The court held that the minor took the stand. He was approaching his twenty-first birthday. His desire to be adopted by the petitioners was subject to no deviation. In adoption mat- ters abandonment occurs.an.d: is evidenced by any con4.d. on the part of the parent which evinces a settled pur- pose to forego all parental du- ties and relinquish all parental i I Digitized from Best Copy Available Published at 1207, 8 S. Dearborn St. Chicago, Ill. Telephone RAndolph 6-0661 ESTABLISHED June 23, 1890. Entered as Second Class Matter, October 18, 1890, at the Post Office at Chicago, Ill., under Act of March 3, 1879. claims to the child. After the agreed order entered in the divorce proceeding ten years ago, when by that agreement of the petitioner and his then wife, the adoptive mother, and their attorneys, custody was transferred from the de- fendant to the adoptive father, the only maternal duties and privileges remaining to the de- fendant were the right of weekly visitation by the minor and her custody of and com- panionship with him during these visits. Obviously, when the defendant left this juris- diction' six years ago to go to Washington, D. C., and later to go to New York City she abandoned the rights and privileges of visitation. Since that time she has evinced no intention to return to this jurisdiction. Any interest which she showed in the minor after that time in writ- ing to him, in attending his graduation, in telephoning him (infrequently and occasion- ally), is not inconsistent with the intent, evidenced by her actions, to abandon her ma- ternal duties and claims. The County Cpurt did not confuse the question of adoption with custody. The County Court understood that distinction and made his decision in ac- cordance therewith and in ac- cordance with the law. The petitioners-appellees filed a motion to dismiss this appeal on the ground that the ques- tion of the validity of the adoption was moot because the adopted minor had, dur- ing the pendency of the ap- peal, reached his majority. An adoption decree does more than fix the custody of the minor. It establishes the rela- tionship of parent and child and would therefore effect the rights of the petitioner, the present wife of the adoptive father, and of the defendant- appellant in- regard to the right to support, as well as the duties and obligations of the minor. All rights, duties and obligations flowing out of the parent-child relationship after majority were affected by the decree. The motion to dismiss is denied. 47166. November 6, 1957, 222 East Chestnut Street Cor- poration, a corporation of Del- aware, plaintiff-appellant, vs. La $aJJe..Nation.aJ Bank etc., et ah,- ' feanJin--appellees. Ap1frel'orm* Superior .Cojrt 1C.Qk einty.* Dcije~f- hrm'd: (Biuiike, P'. ) -Ij 6c- tioi-4 ntiE9'ifo prevent coiristicferir 6 to fibination (Continued on page 9) I Financial-Com ercial ***Dun and Bradstreet, Inc., in its weekly review of wholesale commodity prices, December 10, says: The gen- eral commodity price level ad- vanced moderately this week. The Daily Wholesale Com- modity Price Index, compiled by Dun & Bradstreet, Inc., rose to 278.46 on December 9, from 276.94 a week earlier, but was noticeably below the 301.59 of the comparable 1956 date. The index compared with 275.69 a month ago, the 1957 low. Trading in most grains was close to that of the pre- ceding week.: Purchases of wheat were sluggish, and prices were unchanged. Ac- cording to a private estimate, the amount of wheat under Government loan as of No- vember 15 was 173,000,000 bushels, up 20,000,000 bushels from October 15. Both cash and futures prices on corn ad- vanced slightly, and transac- tions were moderately above those of a week earlier. There were fractional decreases in prices on oats and soybeans, while rye quotations remained close to week-earlier levels. Buying of flour slackened, fol- lowing reports of favorable growing conditions for winter wheat and a lower support level for the next crop. On Friday flour receipts at New York railroad terminals amounted to 30,158 sacks, in- cluding 12,416 for export, and 17,742 sacks for domestic use. Coffee prices rose somewhat as trading increased. Inven- tories were low and supply lines from Brazil and Colom- bia tightened. Roaster inven- tories totaled about 1,550,000 bags. Buying of cocoa was less active with prices down somewhat from a week ago. International tension in Indo- nesia resulted in a sharp gain in trading in rubber futures. Prices rose substantially as buyers anticipated the possi- bility of reduced cargo space for rubber shipments from In- donesia following reports that a large Dutch shipping com- pany has ordered its ships not to return to Indonesian ports. There was a marked gain in purchases of hides, and prices advanced appreciably. Sugar futures declined slightly at the beginning of the week and purchases picked up moder- ately. Raw sugar prices rose somewhat toward the close of the period. Wholesalers were concerned over extensive fires in cane fields of Cuba. In Chi- cago, prices on hogs fell some- what, as trading slackened. Hog receipts expanded sharply (Continued on page 10)

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