Smith v. Dennis
Illinois Supreme Court
Appeal from the Circuit Court of Henry county; the Hon. John J. Glenn, Judge, presiding. Thomas Smith, of Galva, Henry county, this State,. died testate on February 1,1893. He left surviving him appellant, his widow, and an infant daughter, Cecil, and also appelleeg,—four adult daughters by a former wife.
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Appeal from the Circuit Court of Henry county; the Hon. John J. Glenn, Judge, presiding. Thomas Smith, of Galva, Henry county, this State,. died testate on February 1,1893. He left surviving him appellant, his widow, and an infant daughter, Cecil, and also appelleeg,—four adult daughters by a former wife. By his last will he disposed of his property as follows: “First—I give and bequeath to my beloved wife, Eva-line Smith, my homestead during her life, and all of my household and kitchen furniture, of every kind and description, to her sole use. “Second—I give and bequeath to' my wife,…
1Opinion of the CourtJustice Wilkin
It is insisted by counsel for appellant that the division of the property as made by the court below is an arbitrary one, unsupported by the evidence, and they contend that by the terms of the first clause in the will the widow took, as the homestead of her deceased husband, all of the property described in block 19. We think it must be'admitted that at the time of the execution of the will and at the death o„f the testator he owned two distinct pieces of property in block 19,—that is to say, there were two distinct houses and two sets of out-houses on the block. That which renders the…
2Cited by8 opinions
- Fuller v. FullerIllinois Supreme Court · 1924
- In Re the Application for the Construction of the Will of PhippsNew York Court of Appeals · 1915
- Huff v. State Bank & Trust Co.Illinois Supreme Court · 1953
- Miller v. O'NEILAppellate Court of Illinois · 1977
- International Harvester Co. of America v. ByeSupreme Court of Iowa · 1918
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