Anderson v. Anderson
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. M. W. Shaefer, Judge, presiding. John Anderson, the father of appellant and appellee, died testate April 11, 1876. His will was duly admitted to probate. By the twelfth clause he gave to the heirs of his body by his wife, Margaret, all moneys and personal property remaining after the payment of all other legacies and bequests.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. M. W. Shaefer, Judge, presiding. John Anderson, the father of appellant and appellee, died testate April 11, 1876. His will was duly admitted to probate. By the twelfth clause he gave to the heirs of his body by his wife, Margaret, all moneys and personal property remaining after the payment of all other legacies and bequests. Margaret had then two infant children by the testator—appellee and a daughter. The will provided that in case of the death of one of…
1Opinion of the CourtJustice Craig
Did the court err in affirming the decree setting aside the settlement made between appellant and appellee in the county court of Madison county, August 15, 1893? It is contended by appellant that the order entered by the county court is' a bar to this proceeding, while appellee contends that the judgment of the county court is impeachable for fraud in equity. In 1 Story’s Eq. Jur. sec. 187, it is said: .“Fraud, in the sense of a court of equity, properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust or confidence justly reposed, and…
2Cases cited3 opinions
- Bond v. LockwoodIllinois Supreme Court · 1864
- Nelson v. RockwellIllinois Supreme Court · 1853
- Bruce v. DoolittleIllinois Supreme Court · 1876
3Cited by4 opinions
- Froebrich v. LaneOregon Supreme Court · 1904
- Whittemore v. ColemanAppellate Court of Illinois · 1908
- Wilson v. Equitable Trust Co.Appellate Court of Illinois · 1901
- Estate of McLaughlin, Superior Court of California, County of San Francisco1887