Gruenewald v. Neu
Illinois Supreme Court
Writ oE Error to the Circuit Court of St. Clair county; the Hon. M. W. SchabeEr, Judge, presiding. This is a writ of error, sued out to reverse a decree of the St. Clair county circuit court in favor of defendant in error. The action is partition brought by plaintiff in error against defendant in error. The facts are substantially as follows: Theresia Thiem was the owner in fee simple of lots 42 and 43 in Bissell & Pensoneau’s addition to Belleville.
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Writ oE Error to the Circuit Court of St. Clair county; the Hon. M. W. SchabeEr, Judge, presiding. This is a writ of error, sued out to reverse a decree of the St. Clair county circuit court in favor of defendant in error. The action is partition brought by plaintiff in error against defendant in error. The facts are substantially as follows: Theresia Thiem was the owner in fee simple of lots 42 and 43 in Bissell & Pensoneau’s addition to Belleville. She died testate on the 18th day of April, 1880, and left the following will which was duly admitted to probate, to-wit: “In the name of God,…
1Opinion of the CourtJustice Magruder
In this case no evidence was taken, and the record presents no questions, except questions of law.
First—The will of Theresia Thiem gave to her husband, John Thiem, only a life estate in the land in controversy. A life estate may be created with power to dispose of the fee, and limit a remainder after the termination of the life estate. (Kaufman v. Breckinridge, 117 Ill. 305; In re Estate of Cashman, 134 id. 88). The first sentence of the second clause of the will is as follows: “I give and bequeath to my beloved husband, John Thiem, all the residue of my estate, both real and personal, that I…
2Cases cited9 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Giles v. AnslowIllinois Supreme Court · 1889
- Wolfer v. HemmerIllinois Supreme Court · 1893
- Kaufman v. BreckinridgeIllinois Supreme Court · 1886
- Dickson v. New York Biscuit Co.Illinois Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Mooy v. GallagherSupreme Court of Rhode Island · 1914
- MacGalliard v. DuisIllinois Supreme Court · 1938
- Bohn v. IrvingtonIllinois Supreme Court · 1922
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