Taubenhan v. Dunz
Appellate Court of Illinois
Appeal from the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding. This is an appeal from an order of the Circuit Court of Carroll county, dismissing the petition of appellants, which was filed in the County Court of Carroll county, and which alleged that appellants were the sisters and only heirs at law of Charles Medler, deceased, and claimed that they are entitled, as such heirs at law, to all the property left by the said Challes" Medler,…
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Appeal from the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding. This is an appeal from an order of the Circuit Court of Carroll county, dismissing the petition of appellants, which was filed in the County Court of Carroll county, and which alleged that appellants were the sisters and only heirs at law of Charles Medler, deceased, and claimed that they are entitled, as such heirs at law, to all the property left by the said Challes" Medler, remaining after the payment of the specific legacies mentioned in the will, and that all such specific legacies had been paid.…
1Opinion of the CourtMoran, J.
The question for determination is, what is the correct construction of the words in the last clause of the will, “ and all other property of every kind.”
Appellant’s contention is, that those words are to be construed as bequeathing only property ejusdem generis with loose property in, on and around the homestead, and that as to such portion of his estate as was not specifically disposed of in his will, Charles Medler died intestate.
It is contended for appellants that where bequests are made by words of enumeration, "which are followed in the same clause by collective words, or words of…
2Cases cited5 opinions
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
- Higgins v. DwenIllinois Supreme Court · 1881
- Farish v. CookSupreme Court of Missouri · 1883
- Watt v. Town of ChelmsfordMassachusetts Supreme Judicial Court · 1952
- Stehman v. StehmanSupreme Court of Pennsylvania · 1833