Brechbeller v. Wilson
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. C. D. Myers, Judge, presiding. Mary Brechbeller filed a bill for partition in the McLean county circuit court in which she alleged that she was the owner of an undivided one-fourth part of certain real estate which formerly belonged to her father-in-law, John Brechbeller, who died December 20, 1889, leaving a last will, which was afterwards admitted to probate in the McLean county court.
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Appeal from the Circuit Court of McLean county; the Hon. C. D. Myers, Judge, presiding. Mary Brechbeller filed a bill for partition in the McLean county circuit court in which she alleged that she was the owner of an undivided one-fourth part of certain real estate which formerly belonged to her father-in-law, John Brechbeller, who died December 20, 1889, leaving a last will, which was afterwards admitted to probate in the McLean county court. Lucy Wilson, Nannie Belle Koos and Adolph F. Brechbeller, surviving children of John Brechbeller, and Charles Lamp, as trustee under the will of John…
1Opinion of the CourtJustice Vickers
Appellant contends that paragraph 5 creates a vested remainder in the four children of the testator, subject only to be divested by death without issue before the life estate expired; that appellant’s husband having died leaving issue, his interests became absolute, under the will, in his son, Herman, by whose death the estate passed to his mother, appellant herein. Appellees contend that the interests of the four children were contingent; that only those living when the life estate expired could take under the will, and that it was the intention of the testator that the issue of such of his…
2Cases cited4 opinions
- Ebey v. AdamsIllinois Supreme Court · 1890
- Starr v. WilloughbyIllinois Supreme Court · 1905
- Cummings v. HamiltonIllinois Supreme Court · 1905
- City of Peoria v. DarstIllinois Supreme Court · 1882
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- Baley v. StrahanIllinois Supreme Court · 1924
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