Legal Opinion

Lawrence v. Smith

Illinois Supreme Court

Decided November 9, 1896PublishedCited by 39 opinions

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Appellees, the children and heirs-at-law of Alonzo C. Wood, deceased, filed their bill in equity in the circuit court of Cook county to set aside as null and void the last will of said Wood, on the ground that in all its substantial provisions it violated the rule against perpetuities.

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Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Appellees, the children and heirs-at-law of Alonzo C. Wood, deceased, filed their bill in equity in the circuit court of Cook county to set aside as null and void the last will of said Wood, on the ground that in all its substantial provisions it violated the rule against perpetuities. The circuit court, upon a hearing upon bill, cross-bill, answers and replications, granted the prayer of the bill and entered a decree declaring the will void, except as to the sixth and seventh clauses and the provision…

1Opinion of the CourtJustice Carter

Able and exhaustive arguments have been made by-counsel on both sides of this case, and so directed that, with the opinion of the learned chancellor who heard the case in the court below, we have been relieved of much labor that would otherwise have been imposed upon us. Separate briefs have been filed by the several counsel for appellants, in all of which it is conceded, and which appears plain, that the will, in some of its provisions, violates the rule against perpetuities, though counsel differ somewhat as to which one or more of the provisions is or are affected with that vice, and also…

2Cases cited8 opinions

  1. Tilden v. . GreenNew York Court of Appeals · 1891
  2. Howe v. HodgeIllinois Supreme Court · 1894
  3. Commonwealth v. PerkinsSupreme Court of Pennsylvania · 1889
  4. Coffman v. CoffmanSupreme Court of Virginia · 1888
  5. Doe v. LaniusIndiana Supreme Court · 1852

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3Cited by39 opinions

  1. Anderson v. MenefeeCourt of Appeals of Texas · 1915
  2. Johnson v. PrestonIllinois Supreme Court · 1907
  3. Williams v. CrickmanIllinois Supreme Court · 1980
  4. Parsons v. MillarIllinois Supreme Court · 1901
  5. Taylor v. CrossonCourt of Chancery of Delaware · 1916

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

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