Legal Opinion

Lombard v. Witbeck

Illinois Supreme Court

Decided June 18, 1898PublishedCited by 30 opinions

Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Appellants, as the legally constituted trustees under the will of Henry Witbeck, deceased, began this action in the circuit court of Cook county by bill in chancery, praying for a construction of the first, seventeenth, eighteenth, nineteenth and twentieth clauses of the last will and testament of said Henry Witbeck.

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Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Appellants, as the legally constituted trustees under the will of Henry Witbeck, deceased, began this action in the circuit court of Cook county by bill in chancery, praying for a construction of the first, seventeenth, eighteenth, nineteenth and twentieth clauses of the last will and testament of said Henry Witbeck. These clauses are in the following language: “First—I give, devise and bequeath' all of my estate, of every name and nature, real, personal and mixed, of which I shall die possessed, wherever…

1Opinion of the CourtJustice Wilkin

Under the several assignments of error counsel for the respective parties present for our decision,-—first, under the provisions of the will of the ancestor, Henry Witbeck, deceased, what are the rights of the parties in the one-third share of the real estate devised to Henry J. Wit-beck? Second, what are the rights of the parties in the one-third share of the personal estate bequeathed to him? Third, to whom should be paid the §20,375, called “income investment account?” And fourth, what disposition shall be made of the future income from said real and personal estate? It is agreed that…

2Cases cited7 opinions

  1. Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
  2. Goodwillie v. MillimannIllinois Supreme Court · 1870
  3. Summers v. SmithIllinois Supreme Court · 1889
  4. Friedman v. SteinerIllinois Supreme Court · 1883
  5. Strain v. SweenyIllinois Supreme Court · 1896

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

3Cited by30 opinions

  1. Fifer v. AllenIllinois Supreme Court · 1907
  2. Alford v. BennettIllinois Supreme Court · 1917
  3. Appleton v. ReaIllinois Supreme Court · 1945
  4. State Bank & Trust Co. v. NolanSupreme Court of Connecticut · 1925
  5. Whittaker v. PorterIllinois Supreme Court · 1926

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

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