Lenzen v. Miller

This suit was instituted to construe the will of Peter Miller and determine the character of the bequest therein given to plaintiff Eva Lenzen. The circuit court of Lake-county construed it as giving plaintiff a demonstrative legacy payable from the general residuary assets of the estate. On appeal the Appellate Court reversed the circuit court and held the legacy to be specific, and, since the specific fund devised was not in existence at the death of the testator, the legacy was adeemed. The case is here for further review on a certificate of importance issued by the judges of the Appellate…