Ducker v. Burnham
Illinois Supreme Court
Writ of Error to the Circuit Court of Will county; the Hon. George W. Stipp, Judge, presiding. The defendants in error began attachment suits in June and July, 1891, in Will County against John J. Ducker, and levied the writs of attachment upon “all the right, title and interest of John J. Ducker” in certain real estate in that county.
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Writ of Error to the Circuit Court of Will county; the Hon. George W. Stipp, Judge, presiding. The defendants in error began attachment suits in June and July, 1891, in Will County against John J. Ducker, and levied the writs of attachment upon “all the right, title and interest of John J. Ducker” in certain real estate in that county. The appellants, Jennet Ducker and George A:. Ducker in their own right apd as executors of the last will of James Ducker, deceased, were allowed to interplead in the attachment suits, and filed interpleaders, setting up that the only interest, which John J.…
1Opinion of the CourtJustice Magruder
The question is, whether the'will gave John J. Ducker such an interest in the property of the testator as was subject to levy before the death of the widow. Under the will, Mrs. Ducker took an estate as tenant for life, with' remainder over to the five children of the testator, of whom John J. Ducker is one. Is that remainder vested or contingent? If it is vested, it is subject to levy; if it is contingent, it is not subject to levy. (2 Freeman on Judgments—4th ed.—sec. 354.)
It is contended by counsel for appellants, that the remainder is contingent for two reasons; first, because it is…
2Cases cited15 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Heilman v. HeilmanIndiana Supreme Court · 1891
- Leggett v. . FirthNew York Court of Appeals · 1892
- Haward v. PeaveyIllinois Supreme Court · 1889
- Walker v. PritchardIllinois Supreme Court · 1887
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3Cited by73 opinions
- Caples v. WardTexas Supreme Court · 1915
- Lachenmyer v. GehlbachIllinois Supreme Court · 1914
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Taylor v. TaylorSupreme Court of Iowa · 1902
- White v. SmithSupreme Court of Connecticut · 1914
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