Legal Opinion

Hamlin v. United States Express Co.

Illinois Supreme Court

Decided October 1, 1883PublishedCited by 31 opinions

Wbit oe Ebeoe to the Circuit Court of Sangamou couuty; the Hon. Chables S. Zane, Judge, presiding. This was an action of ejectment, brought by Georgietta L. Hamlin and others, against the United States Express Company, for the recovery of certain parts of lots 1 and 2, in block 21, -in the old town (now city) of Springfield.

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Wbit oe Ebeoe to the Circuit Court of Sangamou couuty; the Hon. Chables S. Zane, Judge, presiding. This was an action of ejectment, brought by Georgietta L. Hamlin and others, against the United States Express Company, for the recovery of certain parts of lots 1 and 2, in block 21, -in the old town (now city) of Springfield. The case was tried - by the court on an agreed state of facts, namely, that George Woods, at his death, was the owner in fee of the real éstate claimed in the declaration; that he died May 8, 1878, leaving a will, which was duly probated September 3, 187S; that on…

1Opinion of the CourtJustice Scholpield

The only question presented upon this record is, whether Lucinda Woods took a title in fee simple under the will of her husband, George Woods. If she did, the judgment below must be reversed. If she did not, it must be affirmed.

The provisions of the will material to the question are as follows: “After the payment of my just debts and funeral expenses, I give, devise and bequeath all my estate, real and personal, of whatever kind and wherever situated, to my wife, Lucinda Woods, for her own use and benefit, with full power to hold, use, enjoy or dispose of the same in any manner she may…

2Cases cited2 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Fairman v. BealIllinois Supreme Court · 1852

3Cited by31 opinions

  1. Orr v. YatesIllinois Supreme Court · 1904
  2. Walker v. PritchardIllinois Supreme Court · 1887
  3. Luscomb v. FintzelbergCalifornia Supreme Court · 1912
  4. Wilson v. TurnerIllinois Supreme Court · 1896
  5. Riddle v. KillianIllinois Supreme Court · 1937

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