O'Hare v. Johnston
Illinois Supreme Court
Writ or Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Thomas M. Jett, Judge, presiding.
1Opinion of the CourtJustice Carter
This was a bill filed by plaintiffs in o error in the circuit court of Fayette county to construe the will of Benjamin F. Johnston, deceased. After the pleadings were settled the trial court entered a decree construing the will and holding it valid in every respect. On an appeal to the Appellate Court it was held that the fourth clause of the will was void because it violated the rule against perpetuities, and the decree of the trial court was reversed. The case has been brought here on petition for certiorari.
Johnston died February 2, 1905, fifty-six years of age, leaving the will in…
2Cases cited20 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Scofield v. OlcottIllinois Supreme Court · 1887
- Robinson v. . MartinNew York Court of Appeals · 1910
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Fifer v. AllenIllinois Supreme Court · 1907
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3Cited by31 opinions
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- Lydick v. TateIllinois Supreme Court · 1942
- Alford v. BennettIllinois Supreme Court · 1917
- Geiger v. GeerIllinois Supreme Court · 1946
- Munford v. PeeplesSupreme Court of Georgia · 1921
26 more not listed; retrieve them via the Exa API.