Owsley v. Harrison
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is a bill for the partition of certain premises in the city of Chicago, filed by William Preston Harrison on July 26, 1900, against Caroline D. Owsley and Heaton Owsley, her husband; Carter H. Harrison and Edith Ogden Harrison, his wife; Sophonisba G. Eastman and Barrett"Eastman, her husband; Lina Harrison Owsley, Sophie Preston Owsley, Carter H. Harrison III, and Edith Ogden…
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Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is a bill for the partition of certain premises in the city of Chicago, filed by William Preston Harrison on July 26, 1900, against Caroline D. Owsley and Heaton Owsley, her husband; Carter H. Harrison and Edith Ogden Harrison, his wife; Sophonisba G. Eastman and Barrett"Eastman, her husband; Lina Harrison Owsley, Sophie Preston Owsley, Carter H. Harrison III, and Edith Ogden Harrison II. The bill alleges that Carter H. Harrison in his lifetime was the owner in fee of the premises in question;…
1Opinion of the CourtJustice Magruder
The question, presented by the record in this case, is whether article 6 of the will of Carter H. Harrison, deceased, as the same is set forth in the statement preceding this opinion, violates the rule against perpetuities.
The rule prohibiting perpetuities requires that the absolute ownership of property must vest in some one within the period of a life or lives in being- and twenty-one years and nine months thereafter. (Waldo v. Cummings, 45 Ill. 421; Schaefer v. Schaefer, 141 id. 337). “No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all,…
2Cases cited4 opinions
- Howe v. HodgeIllinois Supreme Court · 1894
- Summers v. SmithIllinois Supreme Court · 1889
- Waldo v. CummingsIllinois Supreme Court · 1867
- Bigelow v. CadyIllinois Supreme Court · 1897
3Cited by7 opinions
- Quinlan v. WickmanIllinois Supreme Court · 1908
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
- Schuknecht v. SchultzIllinois Supreme Court · 1904
- Barrett v. BarrettIllinois Supreme Court · 1912
- City National Bank & Trust Co. v. WhiteIllinois Supreme Court · 1929
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