Webbe v. Webbe
Illinois Supreme Court
AppEae from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. Appellants filed their bill in the circuit court of Cook county for partition and other relief. Appellees demurred to the bill and the court sustained the demurrer. Appellants electing to stand by their bill, the court entered a decree dismissing it for want of equity, from which this appeal is prosecuted. The real estate sought to be partitioned is forty acres of land in Cook county.
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AppEae from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. Appellants filed their bill in the circuit court of Cook county for partition and other relief. Appellees demurred to the bill and the court sustained the demurrer. Appellants electing to stand by their bill, the court entered a decree dismissing it for want of equity, from which this appeal is prosecuted. The real estate sought to be partitioned is forty acres of land in Cook county. Henry Header was the owner in fee of said land at the time of his death, which occurred in 1867.' He left a will disposing of…
1Opinion of the CourtJustice Farmer
The question presented for determination by this record is whether the four children of Henry Header, the testator, by the residuary clause of his will took an estate in fee simple, or whether they took life estates with remainder in fee to the heirs of their bodies.
The will gave the testator’s wife a life estate in all his real and personal property, except some specific articles of personal property, with power to sell and dispose of any portion of the personal property that should suit her convenience. The residuary clause is as follows: “The balance of all my estate, both'personal and…
2Cases cited9 opinions
- Butler v. HuestisIllinois Supreme Court · 1873
- Lehndorf v. CopeIllinois Supreme Court · 1887
- Giles v. AnslowIllinois Supreme Court · 1889
- Blackmore v. BlackmoreIllinois Supreme Court · 1900
- Ryan v. AllenIllinois Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Walker v. WalkerIllinois Supreme Court · 1918
- Black v. JonesIllinois Supreme Court · 1914
- Genung v. BestNew Jersey Court of Chancery · 1926
- Lord v. ComstockIllinois Supreme Court · 1909
- Zackman v. DickOhio Court of Appeals · 1913
15 more not listed; retrieve them via the Exa API.