Ward v. Ward
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. James Ward died, testate, on July 6, 1SS1, leaving a widow, Margaret E. Ward, and nine children: Sarah A. Amberg and Mary E. Gannon, adults; and Frank C. Ward, Albert J. Ward, Charles S. Ward, Walter M. Ward, Anna E. Ward, Ella D. Ward, and James A. Ward, minors.
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Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. James Ward died, testate, on July 6, 1SS1, leaving a widow, Margaret E. Ward, and nine children: Sarah A. Amberg and Mary E. Gannon, adults; and Frank C. Ward, Albert J. Ward, Charles S. Ward, Walter M. Ward, Anna E. Ward, Ella D. Ward, and James A. Ward, minors. The will was executed May 12, 1880. James A. Ward, the complainant, who brings this, bill by his next friend, was born July 15, 1880, and is not mentioned in the will. In his will, James Ward, after directing the payment by the executor of debts and…
1Opinion of the CourtJustice Magruder
Section 10 of chapter 39 of the Devised Statutes of this State, entitled “Descent” (Starr & C. Stat. page 883) is as follows:
“If, after making a last will and testament, a child shall be born to any testator, and no provision be. made in such will for such child, the will shall not, on that account, be revoked; but, unless it shall appear by such will, that it was the intention of the testator to disinherit such child, the devises and legacies, by such will granted and given, shall be abated, in equal proportions, to raise a portion for such child, equal to that which such child would have…
2Cases cited1 opinion
- Haskins v. SpillerCourt of Appeals of Kentucky · 1833
3Cited by8 opinions
- Hedlund v. MinerIllinois Supreme Court · 1946
- Salem National Bank v. WhiteIllinois Supreme Court · 1895
- Provident Savings Bank & Trust Co. v. NashOhio Court of Appeals · 1945
- In Re Maske's EstateSupreme Court of Iowa · 1952
- Hawkins v. McKeeIllinois Supreme Court · 1926
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