City of Peoria v. Darst
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. This was a proceeding, by petition of .Jacob Darst, for the partition of certain real estate in the city of Peoria.
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Appeal from the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. This was a proceeding, by petition of .Jacob Darst, for the partition of certain real estate in the city of Peoria. The property originally belonged to George Morton, through whom all the parties to the record claim, and the controversy in the case turns upon the construction to be given to a deed executed by him of the premises in 1852. The deed is as follows: “This deed, made and entered into this 12th day of August, in the year of our Lord 1852, by and between George Morton, of the city of St. Louis,…
1Opinion of the CourtJustice Sheldon
The city of Peoria claims the exclusive title to the land in question, under the deed of George Morton. There can be no doubt as to the intention of the maker of that deed. It was as clear as can be expressed by language, that on the contingency which has here happened,—the death of Mary Helen Morton and George Douglass Morton, childless, in the lifetime of Mary M. Clark,—the property, on the death of the latter, should go to the city of Peoria for the benefit of orphan children. The express words of the deed are, that if both the said Mary Helen and George Douglass should die before the…
2Cited by12 opinions
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- Chapin v. NottIllinois Supreme Court · 1903
- Furnish v. RogersIllinois Supreme Court · 1895
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