Richards v. Miller
Illinois Supreme Court
Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. Francis Miller made her last will and testament, first directing the payment of her funeral expenses and just debts, after which she made various specific and pecuniary bequests to various persons, and to religious associations. Among these was the following: “ 2. After the payment of my funeral expenses and all my debts, I give, devise, and bequeath unto my beloved husband, John JST.
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Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. Francis Miller made her last will and testament, first directing the payment of her funeral expenses and just debts, after which she made various specific and pecuniary bequests to various persons, and to religious associations. Among these was the following: “ 2. After the payment of my funeral expenses and all my debts, I give, devise, and bequeath unto my beloved husband, John JST. Miller, $2,000 in money, one good bed and bedding, one cow, his choice of the horses, and the buggy and harness.” Joseph…
1Opinion of the CourtJustice Thornton
The testatrix directed the payment of her funeral expenses and debts; and after their discharge she made bequests to her husband and other persons, and several religious societies. She then added this residuary clause:
“I give, devise, and bequeath to my heirs-at-law, the remainder of my estate.”
Upon her death she left surviving her a husband, and brothers and sisters, and their descendants, but no children, and no father or mother.
The personal property was insufficient to pay the debts and specific legacies, and an order was obtained from the proper court to sell the real estate. The whole of…
2Cases cited2 opinions
- Rawson v. RawsonIllinois Supreme Court · 1869
- Pitney v. BrownIllinois Supreme Court · 1867
3Cited by49 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Woodward v. . JamesNew York Court of Appeals · 1889
- Walker v. WalkerIllinois Supreme Court · 1918
- Harris Trust & Savings Bank v. JacksonIllinois Supreme Court · 1952
- Northwestern Masonic Aid Ass'n v. JonesSupreme Court of Pennsylvania · 1893
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