Lewis v. Sedgwick
Illinois Supreme Court
Writ or Error to the Circuit Court of DeKalb county; the Hon. Charles A. Bishop, Judge, presiding. A bill was filed in this cause in the circuit court of DeKalb county by plaintiff in .error asking for a construction of the last will and testament of Edward Lewis, deceased, and that the property mentioned in clause 2 thereof be declared intestate property. The will, in substance, is as follows : Clause 1 provides for the payment of the just debts and funeral expenses.
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Writ or Error to the Circuit Court of DeKalb county; the Hon. Charles A. Bishop, Judge, presiding. A bill was filed in this cause in the circuit court of DeKalb county by plaintiff in .error asking for a construction of the last will and testament of Edward Lewis, deceased, and that the property mentioned in clause 2 thereof be declared intestate property. The will, in substance, is as follows : Clause 1 provides for the payment of the just debts and funeral expenses. “Second—I give and bequeath to my wife, Mary E. Lewis, the use of my homestead where I now reside, in Eddy & Davis’ addition…
1Opinion of the CourtJustice Carter
delivered-the opinion of the court:
When a person dies testate it will be presumed that he intended to dispose by his will of all his property and leave no part of it as an intestate estate. (Boehm v. Baldwin, 221 Ill. 59; Hawkins v. Bohling, 168 id. 214; Hayward v. Loper, 147 id. 41.) This will on its face disposed of all testator’s property. The residuary clause was amply sufficient for this purpose. (Hale v. Hale, 125 Ill. 399; Richards v. Miller, 62 id. 417; Dickison v. Dickison, 138 id. 541.) This court has more than once decided that the renunciation of a will by a widow does not make…
2Cases cited6 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Blatchford v. NewberryIllinois Supreme Court · 1880
- Hale v. HaleIllinois Supreme Court · 1888
- Laurence v. BalchIllinois Supreme Court · 1902
- Dauel v. ArnoldIllinois Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pace v. PaceIllinois Supreme Court · 1915
- In re Peck's EstateSupreme Court of Vermont · 1913
- In Re the Estate of BermanAppellate Court of Illinois · 1963
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- Martin v. ThompsonSupreme Court of Missouri · 1916
22 more not listed; retrieve them via the Exa API.