Legal Opinion

Sutton v. Read

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 13 opinions

Appeal from the County Court of Bureau county; the Hon. Richard M. Skinner, Judge, presiding. This was a petition to sell real estate to pay debts, filed in the county court of Bureau county by Henry B. Read, as administrator with the will annexed of Olivia Read, deceased.

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Appeal from the County Court of Bureau county; the Hon. Richard M. Skinner, Judge, presiding. This was a petition to sell real estate to pay debts, filed in the county court of Bureau county by Henry B. Read, as administrator with the will annexed of Olivia Read, deceased. The facts appear to be as follows: Charles G. Read died testate about July 1, 1887, leaving Olivia Read, his widow, but no descendants, nor father or mother, surviving him, but leaving brothers and sisters, nephews and nieces, as his heirs. In his will, which was duly probated, he gave to his wife, Olivia, for her life, all…

1Opinion of the CourtChief Justice Carter

The motion of appellee to dismiss the appeal for want of jurisdiction in this court, reserved to the final hearing, will be first disposed of. In Lynn v. Lynn, 160 Ill. 307, where a similar question was raised, the whole subject was exhaustively considered and the statutes carefully compared, and we there held that section 88 of the Practice act, as amended, and section 8 of the Appellate Court act, relating to the appellate jurisdiction of the Appellate and Supreme Courts, controlled such appeals, and that under the present statute such a proceeding involved a freehold, and that the appeal…

2Cases cited5 opinions

  1. Carper v. CrowlIllinois Supreme Court · 1894
  2. Lynn v. LynnIllinois Supreme Court · 1895
  3. Gauch v. St. Louis Mutual Life InsuranceIllinois Supreme Court · 1878
  4. Heustis v. JohnsonIllinois Supreme Court · 1876
  5. Shoot v. GalbreathIllinois Supreme Court · 1889

3Cited by13 opinions

  1. Hall v. GabbertIllinois Supreme Court · 1904
  2. Blatt v. BlattSupreme Court of Colorado · 1926
  3. Wachter v. DoerrIllinois Supreme Court · 1904
  4. Ness v. LundeIllinois Supreme Court · 1946
  5. Compton v. AkersSupreme Court of Kansas · 1915

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