Richardson v. Richardson
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of JoDaviess county; the Hon. James Shaw, Judge, presiding. On May 3, 1890, Norman B. Richardson departed this life, intestate, leaving appellant, his widow, and appellees, together with William N. Richardson and Adelaide Sanford, his children by a former marriage, surviving him.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of JoDaviess county; the Hon. James Shaw, Judge, presiding. On May 3, 1890, Norman B. Richardson departed this life, intestate, leaving appellant, his widow, and appellees, together with William N. Richardson and Adelaide Sanford, his children by a former marriage, surviving him. He left an estate, largely in money and securities, estimated at $200,000. On June 13, 1890, the widow, this appellant, sold and assigned to the First National Bank of Shullsburg, Wisconsin, two promissory…
1Opinion of the CourtJustice Wilkin
The right of the complainants to maintain this bill on the facts alleged is, we think, clear, and the only substantial question in the case is the validity of the $25,000 note mentioned in the foregoing statement. The allegation that it was never delivered is unsupported by proof. Unless valid as a gift inter vivos, which will be considered hereafter, it can only be sustained as given for a valuable consideration. Being a negotiable instrument, it, of course, imports such a consideration, and the burthen of proof is upon the representative of the deceased maker, in the first instance, to show…
2Cases cited3 opinions
- Fink v. CoxNew York Supreme Court · 1820
- McAnnulty v. McAnnultyIllinois Supreme Court · 1887
- Connelly v. DunnIllinois Supreme Court · 1874
3Cited by29 opinions
- Williams v. Peninsular Grocery Co.Supreme Court of Florida · 1917
- Meginnes v. McChesneySupreme Court of Iowa · 1916
- Meyer v. MeyerIllinois Supreme Court · 1942
- Keady v. WhiteIllinois Supreme Court · 1897
- In Re Estate of StahlAppellate Court of Illinois · 1973
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