Comisky v. Moore

This case involves a suit to partition two farms owned by Owen Moore at the time of his death on June 4, 1898, and devised by him in his will. The construction of this will determines their present ownership. The circuit court of La Salle County entered a decree in accordance with the plaintiffs’ theory that “surviving children” as used in the will referred to those children surviving the decedent, rather than only to those that survived an intermediate life tenant, the defendants’ theory. A freehold being involved, defendants appealed directly to this court.

At the time the will was executed,…