Powers v. Wells
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Anson S. Piper died testate on June 21, 1886, leaving surviving him Julia E. Piper, his widow, and seven children, appellee, Sarah C. Wells, being one of said, children.
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Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Anson S. Piper died testate on June 21, 1886, leaving surviving him Julia E. Piper, his widow, and seven children, appellee, Sarah C. Wells, being one of said, children. The third paragraph of his will, which will was duly' admitted to probate, is as follows: "Third—I give, devise and bequeath to my said wife, Julia, all my remaining estate, both real and personal, to be used and disposed of during her life the same as I might do if living, giving, my said wife full power to sell, exchange, invest and…
1Opinion of the CourtChief Justice Farmer
As in the view we take of this case its determination depends upon a construction of the third paragraph of the will of Anson S. Piper without reference to the oral testimony in the case, it will not be necessary to pass upon the competency of appellants Powers and O’Brien as witnesses, to the discussion of which a portion of the briefs of both parties is devoted.
The land in controversy is a part of section 19 and was disposed of by Anson S. Piper in the third paragraph of his will, which is quoted in full in the preceding statement. By the first clause of said paragraph the testator devised…
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