Wilbanks v. Wilbanks
Illinois Supreme Court
The defendant in error filed his bill against the plaintiffs, to enjoin tlie plaintiff's from prosecuting an action of ejectment against Walter S. Akin and David Rotramel, for the recovery of forty acres of land which the defendant in error claims under the will of his father, Robert A. D. Wilbanks, deceased.
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The defendant in error filed his bill against the plaintiffs, to enjoin tlie plaintiff's from prosecuting an action of ejectment against Walter S. Akin and David Rotramel, for the recovery of forty acres of land which the defendant in error claims under the will of his father, Robert A. D. Wilbanks, deceased. The bill states that R. A. D. Wilbanks, the father, entered the forty acres in the name of his wife, Sarah U. Wilbanks; that slie died leaving the plaintiffs in error her heirs at law by her said husband; that the forty acres in dispute were part of the homestead or farm upon which said…
1Opinion of the CourtScates, C. J.
The testator in this case disposed of all his estate, both real and personal. The objects of his bounty were exclusively those upon whom the law would have cast the estate in case of intestacy; but whether in the same proportions under the will as at law, does not appear. Whether the provisions of the will are as beneficial as those of the law, or not, the devisees may not therefore disturb or set aside its provisions, unless under circumstances which raise a righ of election.
The widow accepted the devise made to her, which barred her dower; and the heirs as such merely could not avoid the…
2Cited by32 opinions
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- Rader v. StubblefieldWashington Supreme Court · 1906
- Gorham v. DodgeIllinois Supreme Court · 1887
- Pace v. PaceIllinois Supreme Court · 1915
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