Cheney v. Teese
Illinois Supreme Court
Appeal from the Circuit Court of Christian county; the Hon. Jesse J. Phillips, Judge, presiding. On April 25, 1863, Edward A. D’Arey died, leaving a will, executed in 1860, which was duly proved and established in the county court of the county of Jersey soon after his death.
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Appeal from the Circuit Court of Christian county; the Hon. Jesse J. Phillips, Judge, presiding. On April 25, 1863, Edward A. D’Arey died, leaving a will, executed in 1860, which was duly proved and established in the county court of the county of Jersey soon after his death. By a clause in the will he declared: “I hereby give the fee simple of all the various pieces and lots of land owned by me in Christian county, Illinois, to my grandchildren, whatever number they may be, horn of the bodies of my two daughters, called Caroline and Catherine (commonly), share and share alike, to take…
1Opinion of the CourtJustice Dickey
Several questions arise upon this record, and are submitted to the court in this case. It is plain that by this will a limited estate is given to the testator’s daughters, with remainder in fee to his grandchildren.
The first question relates to the extent of the estate given to the two daughters. It is suggested, as the grant to them is of the “full use and enjoyment of possession of all” the lands in question “dv/ring their natural lives, ” that this means so long as they both live, and hence that this estate ended with the life of Mrs. Cheney, and at that time vested in fee in the…
2Cited by15 opinions
- Kellett v. ShepardIllinois Supreme Court · 1891
- Weberpals v. JennyIllinois Supreme Court · 1921
- Cheney v. RicksIllinois Supreme Court · 1897
- Whittaker v. PorterIllinois Supreme Court · 1926
- Dustin v. BrownIllinois Supreme Court · 1921
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