Blinn v. Gillett
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Logan county; the Hon. John H. Moffett, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Logan county; the Hon. John H. Moffett, Judge, presiding. This was a bill in chancery filed in the circuit court of Logan county by Jessie D. Gillett, administratrix de bonis non with the will annexed of the estate of John D. Gillett, deceased, for the purpose of obtaining a construction of the will of John D. Gillett so far as it affects the disposition of certain bank stock, and the proceeds thereof, owned by John D. Gillett at the time of his death. John D. Gillett departed this…
1Opinion of the CourtChief Justice Hand
The first question presented for consideration is, to whom did the $9345 received from the banks that had gone into voluntary liquidation belong upon the death of Lemira P. Gillett? The rule is fundamental that in construing a will the intention of the testator, if legal, should control, and to ascertain such intention the entire will should be considered in the light of all the circumstances surrounding the testator at the time the will was made. In Decker v. Decker, 121 Ill. 341, on page 354 the court said: “In every case calling for construction the question of first importance is, what…
2Cases cited7 opinions
- Gibbons v. MahonSupreme Court of the United States · 1890
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Decker v. DeckerIllinois Supreme Court · 1887
- Glover v. CondellIllinois Supreme Court · 1896
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3Cited by15 opinions
- In re Heaton's EstateSupreme Court of Vermont · 1915
- Allen v. Nat. Bank of AustinAppellate Court of Illinois · 1958
- Citizens Bank v. MurraySupreme Court of North Carolina · 1917
- Heckler v. YoungAppellate Court of Illinois · 1931
- Bryan v. AikinCourt of Chancery of Delaware · 1912
10 more not listed; retrieve them via the Exa API.