Legal Opinion

McFarland v. McFarland

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 14 opinions

Writ of Error to the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. Andrew McFarland departed this life, testate, on the 22d day of November, 1891. His will is as follows: “First—It is my will that all my just debts and funeral expenses be fully paid.

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Writ of Error to the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. Andrew McFarland departed this life, testate, on the 22d day of November, 1891. His will is as follows: “First—It is my will that all my just debts and funeral expenses be fully paid. “Second—It is my will, and I order and direct, that the persons hereinafter named who are to have the control and management of the institution known as ‘Oak Lawn Retreat,’ viz., George C. McFarland, M. E. McFarland and Anna H. McFarland, shall, at the end of the first year of their management, pay to my daughter Mary E.…

1Opinion of the CourtJustice Boggs

The intention of the testator clearly appears. It was, the exclusive possession and control of and entire estate in the premises, and in the personal property used in connection therewith, which together constituted the “Oak Lawn Retreat,” should vest in the plaintiff in error, his wife, M. E. McFarland, and his daughter, Anna H. McFarland, to be held and enjoyed by them indefinitely, unless they, or some two of them, should desire to relinquish and terminate their right and estate therein, and should signify such desire by a written instrument signed by at least two of them.

This devise was,…

2Cases cited6 opinions

  1. Funk v. EgglestonIllinois Supreme Court · 1879
  2. Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874
  3. Leiter v. SheppardIllinois Supreme Court · 1877
  4. McLellan v. TurnerSupreme Judicial Court of Maine · 1839
  5. Snyder v. NesbittCourt of Appeals of Maryland · 1893

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

3Cited by14 opinions

  1. Bradsby v. WallaceIllinois Supreme Court · 1903
  2. Cahill v. CahillIllinois Supreme Court · 1949
  3. McGlothlin v. McElvainIllinois Supreme Court · 1950
  4. Staack v. DetterdingSupreme Court of Iowa · 1917
  5. Standard Oil Co. v. MehrtensSupreme Court of Florida · 1928

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

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