Legal Opinion

Olcott v. Tope

Illinois Supreme Court

Decided December 22, 1904PublishedCited by 8 opinions

AppEai, from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. TuTiiile, Judge, presiding. The following is the statement of facts in this case made by the Appellate Court: ■“This is a bill filed by appellee, praying for a construction of the will of Anna B. Moore, deceased, and asking the direction of the court.

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AppEai, from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. TuTiiile, Judge, presiding. The following is the statement of facts in this case made by the Appellate Court: ■“This is a bill filed by appellee, praying for a construction of the will of Anna B. Moore, deceased, and asking the direction of the court. “Letters were issued to appellee as executor named in the instrument, and he proceeded to administer the estate. September 29, 1902, he was discharged as executor. The bill states that it became…

1Opinion of the CourtJustice Magruder

The following opinion, delivered by a majority of the Branch Appellate Court, speaking through Mr. Justice Freeman, correctly disposes of the questions involved in this case, and is adopted as the opinion of this court:

“It is contended in behalf of the heirs-at-law of Anna B. Moore, deceased, that no intention is expressed by the language of the will to devise the fee of the land, or to dispose of the principal sum derived therefrom; that having a farm, which was leased, and assuming the income therefrom would be more than sufficient to pay her debts, the testatrix intended to leave to…

2Cases cited9 opinions

  1. Ebey v. AdamsIllinois Supreme Court · 1890
  2. Glover v. CondellIllinois Supreme Court · 1896
  3. Lawrence v. LawrenceIllinois Supreme Court · 1899
  4. Kirkland v. CoxIllinois Supreme Court · 1880
  5. Boyles v. McMurphyIllinois Supreme Court · 1870

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Emmerson v. MerrittIllinois Supreme Court · 1911
  2. Straw v. BarnesIllinois Supreme Court · 1911
  3. Bergendahl v. StiersIllinois Supreme Court · 1956
  4. Hagen v. SacrisonNorth Dakota Supreme Court · 1909
  5. Eyer v. WilliamsonIllinois Supreme Court · 1912

3 more not listed; retrieve them via the Exa API.

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