Bland v. Bland
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. This was a bill in chancery for a partition of certain real estate, and assignment of dower therein, brought in the circuit court of Peoria county by appellants, representing the four elder children of John Bland, deceased, against appellees, representing the widow and five younger children of said deceased, and basing their right to the relief asked upon the provisions of the will of such…
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Appeal from the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. This was a bill in chancery for a partition of certain real estate, and assignment of dower therein, brought in the circuit court of Peoria county by appellants, representing the four elder children of John Bland, deceased, against appellees, representing the widow and five younger children of said deceased, and basing their right to the relief asked upon the provisions of the will of such decedent. The bill sets out the will, the provisions of which, material to be considered, are as follows: “First, after…
1Opinion of the CourtJustice Sheldon
The question presented is simply one of the construction of the will,—whether, as appellants claim, all the children of the testator, the older as well as the younger set, are to share equally in the land described in the will, or whether, as appellees claim, the widow and the five younger children take the land in fee and in equal parts among them to the exclusion altogether of the four older children.
Looking at the first clause of the will by itself, the widow and five youngest children take the whole land absolutely, and taking the- first and second clauses by themselves, the more natural…
2Cases cited2 opinions
- City of Peoria v. DarstIllinois Supreme Court · 1882
- Brownfield v. WilsonIllinois Supreme Court · 1875
3Cited by4 opinions
- Bradsby v. WallaceIllinois Supreme Court · 1903
- Potter v. PotterIllinois Supreme Court · 1922
- Cotton v. Bank of CaliforniaWashington Supreme Court · 1927
- Fishback v. JoestingIllinois Supreme Court · 1899