Brooks v. Brooks
Appellate Court of Illinois
Bill, to charge real estate with the payment of legacies. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burhoughs, Judge, presiding. Heard in this court at the February term, 1896. Statement of the Case. On September 29, 1885, Martin Brooks died testate, seized of certain real estate, which, by the bill filed in this case, is sought to be charged with the payment of a certain legacy to appellant.
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Bill, to charge real estate with the payment of legacies. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burhoughs, Judge, presiding. Heard in this court at the February term, 1896. Statement of the Case. On September 29, 1885, Martin Brooks died testate, seized of certain real estate, which, by the bill filed in this case, is sought to be charged with the payment of a certain legacy to appellant. By his will, executed March 4, 1885, he bequeathed (1) to his wife “ one hundred and fifty dollars per annum for her maintenance during her life * * to be accepted by her as…
1Opinion of the CourtJustice Sample
The only question involved is as to the proper construction of the will of Martin Brooks, sufficiently set out in the statement. The appellant claims her legacy was a charge on the residuary estate; this the appellees deny, and the court below sustained them. It will be observed the will does not expressly make the legacies a charge, unless it is by the last clause of the will, viz.: “I further want my executor’s portion of the estate held for the faithful performance of all the above bequest.” The evidence does not expressly disclose what the value of the real estate covered
by the residuary…
2Cases cited8 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Briggs v. . CarrollNew York Court of Appeals · 1889
- Lord v. LordSupreme Court of Connecticut · 1854
- Reid v. CorriganIllinois Supreme Court · 1892
- Heslop v. GattonIllinois Supreme Court · 1874
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3Cited by1 opinion
- Dearlove v. OtisAppellate Court of Illinois · 1901