Shackelford v. Hall
Illinois Supreme Court
ERROR TO CASS. This was a proceeding commenced in the Cass Circuit, by Henry H. Hall, for partition of the estate of his deceased father, making the widow and his brothers and sisters parties; asking that Eliza Newman, the sister who intermarried before she became twenty-one, be excluded from any part of the estate. The petition, etc., was referred to -the master in chancery, to take proofs, make report, etc.
Read the full summary
ERROR TO CASS. This was a proceeding commenced in the Cass Circuit, by Henry H. Hall, for partition of the estate of his deceased father, making the widow and his brothers and sisters parties; asking that Eliza Newman, the sister who intermarried before she became twenty-one, be excluded from any part of the estate. The petition, etc., was referred to -the master in chancery, to take proofs, make report, etc. Upon the report of the master, the court, "Walker, Justice, presiding, ordered that partition be made of the premises set forth and described in the petition, according to the respective…
1Opinion of the Court
Catón, O. J.
We will first dispose of the question of the construction of that clause of the will which imposes the condition, for the purpose of seeing what was the true intent of the testator. It is contended by the defendant that it imposes an absolute and perpetual prohibition against the marriage of all of the infant devisees. If this be so, as a condition subsequent, it would destroy itself, as against public policy; and the estate was vested discharged of the condition. This is the language of the will: “ It is my desire and will that none of my children under the age of twenty-one…
2Cited by10 opinions
- In Re Estate of FeinbergIllinois Supreme Court · 2009
- Fletcher v. OsbornIllinois Supreme Court · 1917
- Glass v. JohnsonIllinois Supreme Court · 1921
- Shackleton v. Food Machinery & Chemical Corp.District Court, E.D. Illinois · 1958
- Shackleton v. Food Machinery & Chemical Corp.Court of Appeals for the Seventh Circuit · 1960
5 more not listed; retrieve them via the Exa API.