Lasier v. Wright

Dunn and Cartwright, JJ.,

dissenting:

The question here is entirely one of statutory construction. “The power to dispose of property by will is neither a natural nor a constitutional right but depends wholly upon statute, and may be conferred, taken away or limited and regulated, in whole or in part, by the legislature.” (Brettun v. Fox, 100 Mass. 234.) Descent of property, whether by inheritance or devise, is regulated in this State by statute. (Kochersperger v. Drake, 167 Ill. 122.) Before the organization of the State, territorial legislation had adopted the common law of England and all…