Engelthaler v. Engelthaler
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is a bill, filed on May 10, 1901, in the circuit court of Cook county by the appellants, Ferdinand Engelthaler and his wife, for the purpose of construing the will of one Joseph Engelthaler, deceased, father of Perdinand Engelthaler, against the appellees, who were the heirs-at-law of the deceased testator, and others.
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Appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is a bill, filed on May 10, 1901, in the circuit court of Cook county by the appellants, Ferdinand Engelthaler and his wife, for the purpose of construing the will of one Joseph Engelthaler, deceased, father of Perdinand Engelthaler, against the appellees, who were the heirs-at-law of the deceased testator, and others. The will was dated June 1, 1896. Joseph Engelthaler died on September 30, 1900. His will was admitted to probate in the probate court of Cook county on November 14, 1900. By the will the…
1Opinion of the CourtJustice Magruder
The bill in this case, though nominally a bill to construe the will of the deceased testator, is, really and in effect, a bill to correct and reform the will. It is sought by the bill to correct and reform the will by inserting therein the name of Ferdinand Engelthaler, a son of the testator, as a devisee, when the will itself did not name him as such devisee. The will gave to the wife of the testator all his property of every kind and nature during her natural life, should she survive him. She did not survive him, and the general rule is that, if a legatee dies before the testator, the…
2Cases cited2 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Glover v. CondellIllinois Supreme Court · 1896
3Cited by24 opinions
- Bond v. MooreIllinois Supreme Court · 1908
- Cahill v. MichaelIllinois Supreme Court · 1942
- Pontius v. ConradIllinois Supreme Court · 1925
- Farmers & Merchants Bank of Keyser v. Farmers & Merchants Bank of KeyserWest Virginia Supreme Court · 1975
- Handelsman v. HandelsmanAppellate Court of Illinois · 2006
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