Hollenbeck v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. A. H. Frost, Judge, presiding. Henry Hollenbeck, on September 16, 1902, was the owner of lots 1 and 2, in block 27, in Robertson’s addition to the town, of Winnebago, in Winnebago county, which constituted his homestead, upon which he resided with his wife, Eva Hollenbeck, and also of a farm of one hundred and twenty acres in the same county.
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Appeal from the Circuit Court of Winnebago county; the Hon. A. H. Frost, Judge, presiding. Henry Hollenbeck, on September 16, 1902, was the owner of lots 1 and 2, in block 27, in Robertson’s addition to the town, of Winnebago, in Winnebago county, which constituted his homestead, upon which he resided with his wife, Eva Hollenbeck, and also of a farm of one hundred and twenty acres in the same county. On that date he executed a deed of the homestead to his wife, who did not join in its execution. At the same time he executed a will, whereby he gave to his wife $200, to be paid to her by his…
1Opinion of the CourtJustice Dunn
The deed was no part of the will of Henry Hollenbeck. It was not admitted to probate as part of the will and no attempt was made to have it so admitted to probate. It could not have been probated, for the evidence fails to show that it was executed in conformity to the Statute of Wills. It did not purport to be testamentary in its character, and there is nothing in the evidence to indicate that it was intended to become operative only after the grantor’s death. It was delivered, and took effect, so far as it took effect at all, as a present conveyance of the title. The premises being a…
2Cases cited5 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Mettler v. MillerIllinois Supreme Court · 1889
- Jespersen v. MechIllinois Supreme Court · 1904
- Kirkland v. ConwayIllinois Supreme Court · 1886
- Dinsmoor v. RowseIllinois Supreme Court · 1902
3Cited by15 opinions
- Hartwick v. HeberlingIllinois Supreme Court · 1936
- Appleton v. ReaIllinois Supreme Court · 1945
- Chicago Daily News Fresh Air Fund v. KernerAppellate Court of Illinois · 1940
- Lenzen v. MillerIllinois Supreme Court · 1941
- Ryan v. BeshkIllinois Supreme Court · 1930
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