Mulberry. v. Mulberry
Illinois Supreme Court
Writ op Error to the Circuit Court of Greene county; the Hon. Charles D. Hodges, Judge, presiding. This case was brought to this court by stipulation, and upon an agreed statement of the facts. It was a petition for partition, filed in the court below by the heirs at law of James Mulberry, who died testate.
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Writ op Error to the Circuit Court of Greene county; the Hon. Charles D. Hodges, Judge, presiding. This case was brought to this court by stipulation, and upon an agreed statement of the facts. It was a petition for partition, filed in the court below by the heirs at law of James Mulberry, who died testate. Among other devises, he devised to his wife Haney, who survived him, certain real estate which is sought to be divided—“ to hold and dispose of the same as she may see proper during her widowhood.” Nancy was the second wife of the devisor, and Francis J., the plaintiff in error, the sole…
1Opinion of the CourtJustice Lawrence
The only question presented by this record, is, whether Nancy Mulberry took an estate of inheritance in the realty, under her husband’s will. It is very clear she did not. The will devises the land to her, “ to hold and dispose of the same as she may see proper during her widowhood.” This language clearly limits the extent of her interest. It is like the case of Boyd v. Strahan, 36 Ill. 358, and especially like Bradley v. Westcott, 13 Vesey, 450, cited in that case.
Decree affirmed.
2Cited by7 opinions
- Kratz v. KratzIllinois Supreme Court · 1901
- In re Estate of BeatySupreme Court of Iowa · 1915
- Wiltfang v. DirksenIllinois Supreme Court · 1920
- Barnard v. MooreSupreme Court of Colorado · 1922
- Cain v. FinnieAppellate Court of Illinois · 2003
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