Holliday v. Dixon
Illinois Supreme Court
Robert Dixon, Junior, the plaintiff in the court below, and defendant in error, at the April term of the Perry Circuit Court, 1860, filed his petition in the Circuit Court of Perry county, setting forth that he was the husband of Margaret Jane Elizabeth Holliday, eldest daughter of Matthew Holliday deceased, and that on the 2nd December, 1848, said Holliday, being seized in fee of the following described real estate, viz., east half north-west quarter section 21, town 4…
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Robert Dixon, Junior, the plaintiff in the court below, and defendant in error, at the April term of the Perry Circuit Court, 1860, filed his petition in the Circuit Court of Perry county, setting forth that he was the husband of Margaret Jane Elizabeth Holliday, eldest daughter of Matthew Holliday deceased, and that on the 2nd December, 1848, said Holliday, being seized in fee of the following described real estate, viz., east half north-west quarter section 21, town 4 south, range 4 west, 3rd principal meridian, in said county of Perry, made his will, in substance as follows : “ I will and…
1Opinion of the CourtCaton, C. J.
The clause of the will upon the construction of which this cause depends, is this: “I will and bequeath to my eldest daughter, Margaret Jane Elizabeth Holliday, eighty acres of land, where my house and well stands, never to to her and and heirs forever, never to be mortgaged nor sold forever.” It is insisted by the appellant that it was the intention of the testator to create a life estate only in his daughter, and to forbid her heirs from inheriting the estate, upon her decease. It may be remarked that as the will was executed by the testator by affixing his mark, it must have been written…
2Cited by3 opinions
- Dickison v. DickisonIllinois Supreme Court · 1891
- Papa v. PapaIllinois Supreme Court · 1941
- Logan v. Harris Trust & Savings BankAppellate Court of Illinois · 1955