Smith v. Renne

A complaint was filed in the circuit court of Sangamon county by the executor of the will of Luella Melton for a construction thereof. The appellees, heirs-at-law of the deceased, filed a cross complaint claiming the provision of the will disposing of the real estate and personal property was void as violating the rule against perpetuities. The circuit court held the will violated such rule, and that the real estate passed as intestate property, and awarded partition. The executor files his appeal in this court, because a freehold is involved.

After providing for the payment of debts, funeral…