Kaufman v. Breckinridge
Illinois Supreme Court
Appeal from the Circuit Court of Madison qountythe Hon. William H. Snyder, Judge, presiding. This was a bill filed in the Madison county circuit court, on September 26, 1883, for partition of real estate lying in that county and in the county of Cook, by the two children and five grand-children of Stephen H. Long, deceased.
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Appeal from the Circuit Court of Madison qountythe Hon. William H. Snyder, Judge, presiding. This was a bill filed in the Madison county circuit court, on September 26, 1883, for partition of real estate lying in that county and in the county of Cook, by the two children and five grand-children of Stephen H. Long, deceased. The latter was a resident of Alton, Madison county, Illinois, and died September 4, 1864, leaving him surviving, his widow, Martha Long, and .three, children,—Henry Long, William D. Long and Lucy L. Breckinridge, then the wife of Marcus P.. Breckinridge. The will of the…
1Opinion of the CourtJustice Sheldon
The main question in this case is upon the construction of the will of Stephen H. Long,—whether it ¡conferred the power to dispose of the lands in fee, or only the power to dispose of the life estate, or estate during widowhood, which was devised to the widow.
The will gives to the widow, Martha Long, all the testator’s real and personal property, to have, hold and use, so long as she remains his widow, and reliance is had on the general rule that where a power of disposal accompanies a bequest or devise of a life estate, the power of disposal is only coextensive with the estate which the…
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