Howe v. Hodge
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. George W. Stipp, Judge, presiding. On the 25th day of January, 1887, Peter Howe, since deceased, made his last will and testament, in the words and figures following: “I, Peter Howe, of the county of LaSalle and State of Illinois, do hereby make, publish and declare this my last will and testament, in manner and form following : “First—I direct that my funeral expenses and all my just debts shall be fully paid.
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Appeal from the Circuit Court of LaSalle county; the Hon. George W. Stipp, Judge, presiding. On the 25th day of January, 1887, Peter Howe, since deceased, made his last will and testament, in the words and figures following: “I, Peter Howe, of the county of LaSalle and State of Illinois, do hereby make, publish and declare this my last will and testament, in manner and form following : “First—I direct that my funeral expenses and all my just debts shall be fully paid. “Second—To my wife, Arvilla Howe, I give and devise my present homestead, consisting of one hundred and sixty acres, for her…
1Opinion of the CourtJustice Baker
The principal controversy in this case is in respect to the disposition which the testator made, or attempted to make, of the residue of his estate. The main questions at issue are these : First, do the trusts declared in the residuary clause of the will offend the rule against perpetuities ; and second, did the'testator declare any trust as to his tracts of land situated in the State of Illinois which contained one hundred and sixty acres or more in a body.
The polar star in the interpretation of a will is the intention of the testator. This intention is to be gathered from the words and…
2Cases cited1 opinion
- Rhoads v. RhoadsIllinois Supreme Court · 1867
3Cited by53 opinions
- Ingraham v. IngrahamIllinois Supreme Court · 1897
- Armstrong v. BarberIllinois Supreme Court · 1909
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Dollander v. DhaemersIllinois Supreme Court · 1921
- Lawrence v. SmithIllinois Supreme Court · 1896
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