Barnes v. Banks
Illinois Supreme Court
Appeal from the Circuit Court of Christian county; the Hon. Truman E. Ames, Judge, presiding. This was a bill in chancery filed by the appellee, Hallie Banks, against B. L. Barnes and D. W. Johnston, executors and trustees of the estate of Albert G. Bárnes, deceased, and Henrietta Barnes, widow, and the children and some grandchildren of said Albert G. Barnes, as heirs and devisees, in the circuit court of Christian county, for the purpose of enforcing and construing the…
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Appeal from the Circuit Court of Christian county; the Hon. Truman E. Ames, Judge, presiding. This was a bill in chancery filed by the appellee, Hallie Banks, against B. L. Barnes and D. W. Johnston, executors and trustees of the estate of Albert G. Bárnes, deceased, and Henrietta Barnes, widow, and the children and some grandchildren of said Albert G. Barnes, as heirs and devisees, in the circuit court of Christian county, for the purpose of enforcing and construing the following instrument in writing: “Mrs. Hallie Banks—I present you on this your 33d birthday with the house and premises now…
1Opinion of the CourtJustice Farmer
We are unable to agree with the construction sought to be placed upon the writing of A. G. Barnes of date June 4, 1902, by counsel for appellee. It does not by any of its language or terms purport to give appellee an interest in the forty-acre tract, except certain designated portions. As we read and understand it, instead of purporting to be a gift of the whole forty acres, it was of the “house and premises now occupied by you, which includes the garden and orchard back of the house and the pasture north of the house.” At the time this paper was written and delivered, appellee, with her…
2Cases cited3 opinions
- Ashelford v. WillisIllinois Supreme Court · 1902
- Bay v. CookIllinois Supreme Court · 1863
- Eckert v. GridleyIllinois Supreme Court · 1882
3Cited by10 opinions
- Shadden v. ZimmerleeIllinois Supreme Court · 1948
- Rosenwald v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1929
- Chicago Land Clearance Commission v. YablongIllinois Supreme Court · 1960
- Northern Trust Co. v. SwartzIllinois Supreme Court · 1923
- Hill v. BowenIllinois Supreme Court · 1956
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