Legal Opinion · Dissent

Otta v. Otta

Appellate Court of Illinois

Decided April 23, 1965No. Gen. 64-56Published

1DissentEbeespachee, P. J.

I would affirm the decree of the circuit court.

In my opinion the Will of Henry A. Otta lacks the strong language that would be necessary to determine that his manifest intention was to permit his executor, either innocently or designedly, by expediting or delaying distribution, to control the distribution of property to which the son had a de jure right. I find no language in the Will that would make the remainder interest contingent on August Otta’s having the money from the proceeds of the sale in his hand. In the absence of any devise or bequest of the remainder interest, other than what…

2Cases cited11 opinions

  1. Cahill v. MichaelIllinois Supreme Court · 1942
  2. Bressler v. AverbuckMassachusetts Supreme Judicial Court · 1947
  3. Wiener v. SeversonIllinois Supreme Court · 1957
  4. Hull v. AdamsIllinois Supreme Court · 1948
  5. Johnston v. HerrinIllinois Supreme Court · 1943

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