Woodburn v. Woodburn
Appellate Court of Illinois
In error to the Circuit Court of Whiteside County; the Hon. Joseph M. Bailey, Judge, presiding. George W. Woodburn died testate on the 19th day of July, 1872, and left him surviving an only child, James K. Wood-burn, his son by a deceased wife, and Phcebe A. Woodburn, his widow; and by his last will and testament he appointed Peter Ege as his executor. Peter Ege qualified and took upon himself the duties of the trust.
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In error to the Circuit Court of Whiteside County; the Hon. Joseph M. Bailey, Judge, presiding. George W. Woodburn died testate on the 19th day of July, 1872, and left him surviving an only child, James K. Wood-burn, his son by a deceased wife, and Phcebe A. Woodburn, his widow; and by his last will and testament he appointed Peter Ege as his executor. Peter Ege qualified and took upon himself the duties of the trust. One of the provisions of the will was as follows: “I hereby will, direct and request, and by this, my last will, do place in the hands of my executor all my real estate, being…
1Opinion of the CourtBaker, P. J.
The third point relied upon for reversal is preliminary in its character, and will for that reason be first considered. The point urged is that it was error to order the consolidation of the four causes that were pending in the Circuit Court, and the reason given is that James H. Woodburn, plaintiff in error, was not a party to several of these contentions.
The authorities cited by plaintiff in error, 1 Tidd’s Practice, 614, and Miles v. Danforth, 37 Ill. 156, have no application to the case at bar. The rule stated by Tidd has reference only to actions at law which are depending at one time,…
2Cases cited4 opinions
- McKinley v. WatkinsIllinois Supreme Court · 1851
- Honeyman v. JarvisIllinois Supreme Court · 1875
- Miles v. DanforthIllinois Supreme Court · 1865
- Miller v. HawkerIllinois Supreme Court · 1872
3Cited by8 opinions
- Peterson v. DillonWashington Supreme Court · 1901
- Black Hawk Motor Transit Co. v. Illinois Commerce CommissionIllinois Supreme Court · 1943
- Nevitt v. WoodburnIllinois Supreme Court · 1898
- In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
- Bouldin v. TaylorTennessee Supreme Court · 1924
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