Leavitt v. Leavitt
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. William Hartzell, Judge, presiding. George Leavitt was seized of certain land. He died on January 9, 1898, leaving complainant, who is an only grandson by a deceased son, and defendants, his widow and four daughters, him surviving; February 4, 1897, he called in a notary and executed four deeds, dividing the land among the four daughters.
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Appeal from the Circuit Court of Randolph county; the Hon. William Hartzell, Judge, presiding. George Leavitt was seized of certain land. He died on January 9, 1898, leaving complainant, who is an only grandson by a deceased son, and defendants, his widow and four daughters, him surviving; February 4, 1897, he called in a notary and executed four deeds, dividing the land among the four daughters. He declared to the notary, as testified to by the latter, that the deeds were not to be delivered till after his death, and enjoined secrecy. February 10, 1897, he destroyed these deeds and had the…
1Opinion of the CourtJustice Phillips
Appellant, the grandson of the deceased, George Leavitt, filed his bill for partition, making the sisters of his father, and also their mother, defendants. The defense set'up is, the lands sought to be partitioned were conveyed by George Leavitt to the four sisters, with a provision in the deeds that the widow of Leavitt should have the rents and profits of the land for life. The conveyances thus made disposed of the lands, if the deeds were valid, in a different way from that provided by the Statute of Descent. Where an attempt is made to effect a distribution of lands or other property…
2Cases cited2 opinions
- Shults v. ShultsIllinois Supreme Court · 1895
- Way v. HarrimanIllinois Supreme Court · 1888
3Cited by1 opinion
- Sayles v. ChristieIllinois Supreme Court · 1900