Blatchford v. Newberry
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, instituted in the court below by Henry W. Newberry, Louisa Cook Can dee, Fanny L. Edgerton, Oliver N. Edgerton, Walter A. Newberry, Edward H. Newberry, William E. Newberry, Charles P. Newberry, Mary A. Ladue, George P. Newberry, Mary A. Starkweather, John S. Newberry, and Walter Cass Newberry for himself, and also as next friend of the minors, Walter F.…
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, instituted in the court below by Henry W. Newberry, Louisa Cook Can dee, Fanny L. Edgerton, Oliver N. Edgerton, Walter A. Newberry, Edward H. Newberry, William E. Newberry, Charles P. Newberry, Mary A. Ladue, George P. Newberry, Mary A. Starkweather, John S. Newberry, and Walter Cass Newberry for himself, and also as next friend of the minors, Walter F. Newberry, Ella P. Newberry, Amasa S. Newberry, Frederick M. New-berry, and John P. Newberry, against Eliphalet W. Blatchford…
1DissentJustice Dickey
The decision in this case seems to me to do violence to the intention of the testator, distinctly stated by the words of the will, when taken in their true and legal meaning.
I have examined with care at least one hundred cases referred to in the briefs of counsel, and I find no case, — where the will disposes of the whole estate, clearly cutting off the inheritance and provides for a succession of estates, the prior of which is a life estate, — in which the words, “after the decease” of the prior donee, have been construed to postpone the beginning of the ulterior estate until the physical…
2Cases cited9 opinions
- Commonwealth v. GeeMassachusetts Supreme Judicial Court · 1850
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- In re Estate of DelaneyCalifornia Supreme Court · 1874
- Hinkley v. House of RefugeCourt of Appeals of Maryland · 1874
- Darrington v. RogersCourt of Appeals of Maryland · 1843
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