Defrees v. Brydon
Illinois Supreme Court
Appear from the First Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. February 18, 18.69, John H. Bradley, then a resident of the city of Indianapolis, Marion county, Indiana, made and executed his last will and testament in accordance with the laws of that State then in force.
Read the full summary
Appear from the First Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. February 18, 18.69, John H. Bradley, then a resident of the city of Indianapolis, Marion county, Indiana, made and executed his last will and testament in accordance with the laws of that State then in force. At the time of executing the same his family consisted of himself and five children, viz.: Mary, who married John B. Kitchen; Frances, who married one Ross and subsequently James B. Hill; Catherine S., who…
1Opinion of the CourtChief Justice Craig
In construing wills the constant effort of the courts is to ascertain and give effect to the intention of the testator as expressed by the language of the whole will and to give effect to the same in so far as is consistent with the established rules of law and the public policy of the State. (Morrison v. Tyler, 266 Ill. 308; Howe v. Hodge, 152 id. 252.) This rule is as old as the law of wills itself and a necessary part of it, as any other rule would defeat the very object in permitting a disposition to be made of property by last will and testament. The intention is to be gathered from a…
2Cases cited22 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Ebey v. AdamsIllinois Supreme Court · 1890
- Mulvane v. RudeIndiana Supreme Court · 1896
- Glover v. CondellIllinois Supreme Court · 1896
- Black v. JonesIllinois Supreme Court · 1914
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Storkan v. ZiskaIllinois Supreme Court · 1950
- Woods v. SeymourIllinois Supreme Court · 1932
- Peadro v. PeadroIllinois Supreme Court · 1948
- Grove v. WillardIllinois Supreme Court · 1917
- Strout v. ChesleySupreme Judicial Court of Maine · 1926
7 more not listed; retrieve them via the Exa API.