Legal Opinion

Kotz v. Belz

Illinois Supreme Court

Decided February 17, 1899PublishedCited by 8 opinions

Appeal from the Circuit Court of Cook county; the Hon. Edmund W. Burke, Judge, presiding. This was a bill for partition brought by Louis P. Kotz in the circuit court of Cook county on the 28th day of April, 1894. An amended bill was filed on March 1,1895, in which it was alleged that John E. Weber, at his death, was seized in fee of lot 10 in assessor’s division of lots 1 and 4, in block 54, of the original town of Chicago; that Weber died intestate February 18, 1864,…

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Appeal from the Circuit Court of Cook county; the Hon. Edmund W. Burke, Judge, presiding. This was a bill for partition brought by Louis P. Kotz in the circuit court of Cook county on the 28th day of April, 1894. An amended bill was filed on March 1,1895, in which it was alleged that John E. Weber, at his death, was seized in fee of lot 10 in assessor’s division of lots 1 and 4, in block 54, of the original town of Chicago; that Weber died intestate February 18, 1864, leaving no descendants and no father or mother, and leaving Frances Weber, his widow, and the ancestors of appellants, as his…

1Opinion of the CourtJustice Craig

Appellants insist that the decree of the circuit court is not sustained by the evidence. That decree found the equities of the case with the cross-complainant, Veronica Belz, and that partition should be made among the heirs-at-law of Frances Weber, deceased.

First—Did John E. Weber die testate? The complainant in the original bill, Louis P. Kotz, alleges that John E. Weber died intestate, while all the other appellants except Louis P. Kotz charge in their answers to the cross-bill that John E. Weber died leaving a last will and testament. To sustain the cross-bill defendants called Henry H.…

2Cases cited10 opinions

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Law v. PattersonSupreme Court of Pennsylvania · 1841
  3. Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
  4. Smith v. StevensIllinois Supreme Court · 1876
  5. Culler v. MotzerSupreme Court of Pennsylvania · 1825

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3Cited by8 opinions

  1. Waterman v. MoodySupreme Court of Vermont · 1918
  2. Houdek v. EhrenbergerIllinois Supreme Court · 1947
  3. Simpson v. MansonIllinois Supreme Court · 1931
  4. Mercer v. WaymanIllinois Supreme Court · 1956
  5. Lambert v. HemlerIllinois Supreme Court · 1910

3 more not listed; retrieve them via the Exa API.

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