Legal Opinion

Parsons v. Millar

Illinois Supreme Court

Decided February 20, 1901PublishedCited by 34 opinions

Writ of Error to the; Circuit Court of Coles county; the Hon. Frank K. Dunn, Judge, presiding. This is a bill in chancery filed in the circuit court of Coles county by Adam Millar, one of the executors of William Millar, deceased, against William E. Millar, his co-executor, and all the heirs and devisees of said William Millar, for a construction of the last will and testament of said William Millar, which is in part as follows: “First—I desire and direct that all my debts…

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Writ of Error to the; Circuit Court of Coles county; the Hon. Frank K. Dunn, Judge, presiding. This is a bill in chancery filed in the circuit court of Coles county by Adam Millar, one of the executors of William Millar, deceased, against William E. Millar, his co-executor, and all the heirs and devisees of said William Millar, for a construction of the last will and testament of said William Millar, which is in part as follows: “First—I desire and direct that all my debts and funeral expenses be first paid out of my personal estate if sufficient after paying the bequests hereinafter made by…

1Opinion of the CourtJustice Hand

The defendants in error made a motion to dismiss the writ of error in this case on the ground that this court has no jurisdiction of the subject matter of this suit, as a freehold is not involved, which motion was reserved to the hearing.

The seventh assignment of error is as follows: “The court erred in decreeing that William E. Millar take and have the lands devised to him by the will of William Millar free from the interest of any other person, and in not decreeing that he had forfeited his interest in said lands and that the same should be divided as intestate estate.”

If the defendant…

2Cases cited7 opinions

  1. Sanford v. KaneIllinois Supreme Court · 1889
  2. Lawrence v. SmithIllinois Supreme Court · 1896
  3. West v. FitzIllinois Supreme Court · 1884
  4. Minkler v. SimonsIllinois Supreme Court · 1898
  5. Richards v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Bond v. MooreIllinois Supreme Court · 1908
  2. Miller v. RowanIllinois Supreme Court · 1911
  3. Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
  4. King v. KingIllinois Supreme Court · 1905
  5. Wakefield v. WakefieldIllinois Supreme Court · 1912

29 more not listed; retrieve them via the Exa API.

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