Dunn v. Kearney

This is an appeal from a decree of the circuit court of Jo Daviess county sustaining the bill of appellees for partition. The questions presented to this court involve the construction of the last will and testament of Hamilton Kearney, deceased, and a codicil thereto.

The will in question was executed December 31, 1898. The portions of the will necessary to a decision of this case are as follows:

“Second—I give, devise and bequeath to my brother. John Kearney all of my real estate, to have and to hold the same to him and his heirs forever.

“Third—I give, devise and bequeath to my dear friend…