Johnson v. Johnson
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. William H. Barnum, Judge, presiding. This was a suit in chancery, instituted in the court below, by Marian A. Johnson, Helen M. Peck, Catharine R. Moody, Orrin C. Moody, John T. Russ and Lucy T. Russ, against Egbert Johnson and Albert P. Johnson. The purpose of the bill was to obtain a partition of certain real estate of which it is alleged the parties were tenants in common.
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Writ of Error to the Circuit Court of Cook county; the Hon. William H. Barnum, Judge, presiding. This was a suit in chancery, instituted in the court below, by Marian A. Johnson, Helen M. Peck, Catharine R. Moody, Orrin C. Moody, John T. Russ and Lucy T. Russ, against Egbert Johnson and Albert P. Johnson. The purpose of the bill was to obtain a partition of certain real estate of which it is alleged the parties were tenants in common. The only question presented is as to the construction of' the will of Sarah M. Peek, deceased. The will bears date April 4, 1875. The portions of the will…
1Opinion of the CourtJustice Craig
The only question presented by this record is, whether, under the fourth clause of the will of Sarah M. Peck, deceased, her daughters, Marian A. Johnson and Helen M. Peck, took h life estate or the fee in and'to the kind therein described. The provision of the will in question is as follows :
4th. “I give and bequeath to my above named daughters an undivided third of ten acres of land, situated in the south-east quarter of section 4, town of Lake, county of Cook, State of Illinois, to be divided equally. In case of the death of either of the above daughters without issue, the share of the…
2Cases cited2 opinions
- Bergan v. CahillIllinois Supreme Court · 1870
- Brownfield v. WilsonIllinois Supreme Court · 1875
3Cited by5 opinions
- King v. KingIllinois Supreme Court · 1905
- Meins v. MeinsIllinois Supreme Court · 1919
- Hempstead v. HempsteadIllinois Supreme Court · 1918
- Thomas v. MillerIllinois Supreme Court · 1896
- Jaeger v. SteinAppellate Court of Illinois · 1957