West v. Fitz
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. On the 25th of April, 1878, Stephen Hoyt, late of Salem, Essex county, Massachusetts, died testate, and on the 20th of the following month his will was duly proved and admitted to probate in the probate court of said Essex county.
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. On the 25th of April, 1878, Stephen Hoyt, late of Salem, Essex county, Massachusetts, died testate, and on the 20th of the following month his will was duly proved and admitted to probate in the probate court of said Essex county. The will is as follows: “I, Stephen Hoyt, of Salem, do make this my last will and' testament, this first day of June, in the year 1876. “Item first.—I give and devise to my friend, Thomas H. Frothingham, of Salem, the messuage numbered 26j- and 28 Harbor street, in Salem, and…
1Opinion of the CourtJustice Mulkby
This seems to be a friendly suit, in which both parties are desirous the decree below shall be affirmed, provided it can be done consistently with legal principles.
But two questions arise on the record, and the arguments of counsel have been confined mainly to them: First, does the will give to the trustee named in it, or any other trustee legally appointed in his stead, power to sell'and convey to the purchaser a good title in fee to the premises in controversy ; and second, assuming such power is given by the will, does appellee’s appointment as successor in trust by the probate court of…
2Cases cited3 opinions
- Richards v. MillerIllinois Supreme Court · 1872
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- Golder v. BresslerIllinois Supreme Court · 1883
3Cited by31 opinions
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- Harrison v. WeatherbyIllinois Supreme Court · 1899
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- Peet v. PeetIllinois Supreme Court · 1907
- Wilson v. ClayburghIllinois Supreme Court · 1905
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