Lynch v. Leurs
Indiana Supreme Court
APPEAL from the Cass Circuit Court. Suit for partition, &c. In 1866, Patrick Lynch died at Cass county, Indiana, testate, seized of the real estate desBcribed in. the complaint, of the probable value of fifteen hundred dollars. He died without issue, and did not leave surviving either father or mother, but left a brother and sisters, whose names arc alleged to be unknown, and also Nancy Lynch, bis widow, who is the appellant.
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APPEAL from the Cass Circuit Court. Suit for partition, &c. In 1866, Patrick Lynch died at Cass county, Indiana, testate, seized of the real estate desBcribed in. the complaint, of the probable value of fifteen hundred dollars. He died without issue, and did not leave surviving either father or mother, but left a brother and sisters, whose names arc alleged to be unknown, and also Nancy Lynch, bis widow, who is the appellant. The will provides for the payment of bis debts and funeral expenses out of bis personal estate; and in reference to bis real estate contains this provision: “I give and…
1Opinion of the CourtElliott, J.
The only question urged here for the reversal of the judgment and proceedings below is, that the court. erred in holding that the devise to the Catholic Church of St. Vincent de Paul is a valid one.
The devise to the church is a bequest of personal, and not of real estate, and can only be executed under the will after the death of the appellant. True, the fund devised is to be the proceeds of real estate, which is required to be sold and converted into personalty before the distribution can be made or the devise executed. The real estate from which the fund devised is to be raised is given to…
2Cited by4 opinions
- Tower v. TowerIndiana Supreme Court · 1895
- Smith v. AndrewIndiana Court of Appeals · 1912
- Cross v. HendryIndiana Court of Appeals · 1906
- Dinwiddie v. SmithIndiana Supreme Court · 1895