Legal Opinion

Kohtz v. Eldred

Illinois Supreme Court

Decided February 17, 1904PublishedCited by 38 opinions

Appeal from the Superior Court of Cook county; the Hon. Axel Chateaus, Judge, presiding. This was a bill in chancery filed in the superior court of Cook county by Louis O. Kohtz, the executor and, trustee therein named, -to obtain a construction of the will of Theodore Harz, deceased.

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Appeal from the Superior Court of Cook county; the Hon. Axel Chateaus, Judge, presiding. This was a bill in chancery filed in the superior court of Cook county by Louis O. Kohtz, the executor and, trustee therein named, -to obtain a construction of the will of Theodore Harz, deceased. The will was admitted to probate on May 19, 1903, and reads as follows: “I, Theodore Harz, of Chicago, Cook county, in the State of Illinois, being of sound, disposing mind and memory, do hereby make, publish and. declare the following to be my last will and testament: “First—I order and direct that my executor…

1Opinion of the CourtChief Justice Hand

The language, “all the rest, residue and remainder of my estate, both real and personal, together with my life insurance, I give, devise and bequeath to my executor hereinafter named, in trust for my two children, Oscar H. Harz and Alma Harz, to be divided equally between both my children, share and share alike,” found in the sixth paragraph of the will, is ample to carry the equitable fee in the property covered by that paragraph to Oscar H. and Alma Harz, share and share alike, and the estate thus given to the children of the testator can only be cut down to a life estate by other…

2Cases cited16 opinions

  1. Moore v. LyonsNew York Supreme Court · 1840
  2. Vanderzee v. SlingerlandNew York Court of Appeals · 1886
  3. Livingston v. . GreeneNew York Court of Appeals · 1873
  4. Scofield v. OlcottIllinois Supreme Court · 1887
  5. Arnold v. AldenIllinois Supreme Court · 1898

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

3Cited by38 opinions

  1. Armstrong v. BarberIllinois Supreme Court · 1909
  2. Fifer v. AllenIllinois Supreme Court · 1907
  3. King v. KingIllinois Supreme Court · 1905
  4. Anderson v. WilliamsIllinois Supreme Court · 1914
  5. Palmer v. FrenchSupreme Court of Missouri · 1930

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

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