Legal Opinion

Harrison v. Weatherby

Illinois Supreme Court

Decided June 17, 1899PublishedCited by 34 opinions

Appeal from the Circuit Court of Adams county; the Hon. John C. Broady, Judge, presiding. A copy of the will and of the certificates appended thereto, which is referred to in the opinion in this case, is as follows: “I, Richard Smith, of the city of Raleigh, county of Wake and State of North Carolina, being of sound mind and memory, do make and ordain this to be my last will and testament, as follows, viz., to-wit: “Item, First—It is my will and desire that the whole of my…

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Appeal from the Circuit Court of Adams county; the Hon. John C. Broady, Judge, presiding. A copy of the will and of the certificates appended thereto, which is referred to in the opinion in this case, is as follows: “I, Richard Smith, of the city of Raleigh, county of Wake and State of North Carolina, being of sound mind and memory, do make and ordain this to be my last will and testament, as follows, viz., to-wit: “Item, First—It is my will and desire that the whole of my estate, both real and personal, be divided between my wife and daughter, Mary Ann Smith, as the laws of the State have…

1Opinion of the CourtJustice Magruder

This case comes up from an order of the court below sustaining a demurrer to the bill and dismissing it for want of equity. Therefore, as to the facts we are confined to the allegations of the bill. Both appellants, who were complainants below, and appellees, who were defendants below, claim title under one Richard Smith, who, in his lifetime, was a resident of Wake county in the State of North Carolina, and died testate in that State in the year 1852. A copy of his will, dated October 10,1851, is attached to the bill, and referred to therein as an exhibit. Richard Smith left surviving him a…

2Cases cited22 opinions

  1. McCormick v. SullivantSupreme Court of the United States · 1825
  2. Robertson v. PickrellSupreme Court of the United States · 1883
  3. Kellett v. ShepardIllinois Supreme Court · 1891
  4. Dickie v. CarterIllinois Supreme Court · 1866
  5. Bates v. GillettIllinois Supreme Court · 1890

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3Cited by34 opinions

  1. North v. GrahamIllinois Supreme Court · 1908
  2. DeKoven v. DeKovenIllinois Supreme Court · 1903
  3. Dibble v. WinterIllinois Supreme Court · 1910
  4. Sternberg v. St. Louis Union Trust Co.Illinois Supreme Court · 1946
  5. Glaser v. Chicago Title & Trust Co.Illinois Supreme Court · 1946

29 more not listed; retrieve them via the Exa API.

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