Schuknecht v. Schultz
Illinois Supreme Court
Appeae from the Circuit Court of Kane county; the Hon. H. B. Wieeis, Judge, presiding. This is a bill filed by the appellant in the circuit court of Kane county, by which he seeks to have declared void the third and fourth clauses of his father’s will, on the ground that they violate the rule against perpetuities. The testator, John J. Schuknecht, died in 1898, leaving the complainant, his only son, and three grandchildren, sons of the complainant.
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Appeae from the Circuit Court of Kane county; the Hon. H. B. Wieeis, Judge, presiding. This is a bill filed by the appellant in the circuit court of Kane county, by which he seeks to have declared void the third and fourth clauses of his father’s will, on the ground that they violate the rule against perpetuities. The testator, John J. Schuknecht, died in 1898, leaving the complainant, his only son, and three grandchildren, sons of the complainant. The clauses of the will important to be considered in the decision of the case are as follows: “Second•—I desire that my son, J. Fred Schuknecht,…
1Opinion of the CourtJustice Wilkin
No question was raised in the court below as to its jurisdiction of the subject matter of the action, nor is any such question raised here. Waiving that question, we are of the opinion that the dismissal of the bill for want of equity was erroneous.
In the construction of a will it is the duty of the court to ascertain, as nearly as possible, the intention of the testator as disclosed by the instrument, and to give it that construction which will carry such intention into effect. It is, of course, true that the will cannot carry into effect an intention of the testator in violation of law, and…
2Cases cited5 opinions
- Ridgeway v. UnderwoodIllinois Supreme Court · 1873
- Handberry v. DoolittleIllinois Supreme Court · 1865
- Schaefer v. SchaeferIllinois Supreme Court · 1892
- Chapman v. CheneyIllinois Supreme Court · 1901
- Owsley v. HarrisonIllinois Supreme Court · 1901
3Cited by19 opinions
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Quinlan v. WickmanIllinois Supreme Court · 1908
- McLaughlin v. YinglingSupreme Court of Oklahoma · 1923
- Geiger v. GeerIllinois Supreme Court · 1946
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