Blanchard v. Chapman
Appellate Court of Illinois
Appeal from the Circuit Court of La Salle County; the Hon. G-eoeoe W. Stipp, Judge, presiding. • Statement by Lacey, J. Henry B. Chapman died testate June 6, 1881, and bequeathed by his will, among other things, §1,000 to the appellee, who was his brother, to be paid to him at the testator’s decease, and further made this provision: “And having and reposing implicit confidence in the goodness and kindness of my dear wife I rely upon her to make- and all needful provision for…
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Appeal from the Circuit Court of La Salle County; the Hon. G-eoeoe W. Stipp, Judge, presiding. • Statement by Lacey, J. Henry B. Chapman died testate June 6, 1881, and bequeathed by his will, among other things, §1,000 to the appellee, who was his brother, to be paid to him at the testator’s decease, and further made this provision: “And having and reposing implicit confidence in the goodness and kindness of my dear wife I rely upon her to make- and all needful provision for the future wants of my brother Sylvester.” His wife, Esther S. Chapman, was made the residuary legatee and also…
1Opinion of the CourtLacey, J.
The first question to be decided is as to the proper construction to be given to the clause in the will of Henry B. Chapman, deceased, made for the future support of the appellee. Was it a direction, or did it leave the matter to the arbitrary discretion of his wife, the executrix appointed in the will? We are of the opinion that the court below gave the proper construction of the clause in question.
It was undoubtedly the desire of the testator that his brother, who was a poor man and becoming quite old and helpless, he then being near seventy years of age, should have a decent and…
2Cases cited1 opinion
- Knox v. KnoxWisconsin Supreme Court · 1884
3Cited by8 opinions
- Proctor v. RedfernSupreme Court of Georgia · 1936
- Spearman v. FooteAppellate Court of Illinois · 1906
- Dickison v. DickisonAppellate Court of Illinois · 1890
- Estate of Richet, Superior Court of California, County of San Francisco1909
- Estate of Whitcomb, Superior Court of California, County of San Francisco1890
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