Rackemann v. Tilton
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the H.on. Lockwood Honoré, Judge, presiding. John Hancock, of Boston, in the State of Massachusetts, died April I, 1859, leaving a last will, dated April 1, 1857. Francis V. Balch was trustee under the will for two of the legatees, Franklin and Washington Hancock, and upon the death of Franklin filed a bill in the circuit court of Cook county for partition and for a construction of clause 7 of the will, under which the trust…
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Appeal from the Circuit Court of Cook county; the H.on. Lockwood Honoré, Judge, presiding. John Hancock, of Boston, in the State of Massachusetts, died April I, 1859, leaving a last will, dated April 1, 1857. Francis V. Balch was trustee under the will for two of the legatees, Franklin and Washington Hancock, and upon the death of Franklin filed a bill in the circuit court of Cook county for partition and for a construction of clause 7 of the will, under which the trust estate had been held for Franklin. The cause was heard in the circuit court of Cook county and a decree rendered that the…
1Opinion of the CourtJustice Scott
The interest which Franklin Hancock took in the estate of his father is fixed by clause 7 of the will. The interest which Washington Hancock took in the vested remainder created by that clause is determined by the referential words found therein and by the language of clause 8 of the will, by which the primary provision for Washington was made. By that referential provision Washington takes the one-fourth of the one-fifth devised by clause 7, after the termination of Franklin’s life estate, in the same way, subject to the same trusts and provisos upon which he received his portion (to so…
2Cases cited1 opinion
- Glos v. FurmanIllinois Supreme Court · 1897
3Cited by5 opinions
- Haley v. HorwitzMissouri Court of Appeals · 1956
- Mabry v. MuddNebraska Supreme Court · 1937
- Rackemann v. WoodMassachusetts Supreme Judicial Court · 1909
- Griffith v. SherryCourt of Appeals of Washington · 2010
- In Re Estate of SherryCourt of Appeals of Washington · 2010