Legal Opinion

Penn v. Fogler

Appellate Court of Illinois

Decided August 31, 1898Published

Bill to Construe a Will and for Belief.—Error to the Circuit Court of Fayette County; the Hon. James A. Creighton, Judge, presiding.

1Opinion of the CourtJustice Wobthington

This cause was heard by the chancellor in open court upon oral and documentary testimony. His finding of facts should not then be disturbed unless clearly contrary to the weight of evidence. Burgett v. Osborne, 172 Ill. 227; Maratta v. Anderson, 172 Ill. 377.

The errors assigned, which are important to be considered, are, first, that the Circuit Court erred in refusing to decree an accounting by the defendants in the cross-bill of John Penn, trustee, for the trust fund mentioned in the cross-bill, together with lawful interest thereon; second, the Circuit Court erred in refusing to decree an…

2Cases cited7 opinions

  1. Mott v. . AckermanNew York Court of Appeals · 1883
  2. Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
  3. Burgett v. OsborneIllinois Supreme Court · 1898
  4. Wenner v. ThorntonIllinois Supreme Court · 1880
  5. Hall v. IrwinIllinois Supreme Court · 1845

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