Legal Opinion

Sloniger v. Sloniger

Illinois Supreme Court

Decided May 12, 1896PublishedCited by 18 opinions

Appeal from the Circuit Court of Adams county; the Hon. Oscar P. Bonney, Judge, presiding. A bill for partition was filed in the circuit court of Adams county by Oliver, Joshua and Jacob Sloniger, brothers of one Joel Sloniger, deceased, alleging that Joel Sloniger died intestate, seized in fee simple of the premises in controversy; that on December 28, 1859, he made a will devising said premises to James K. P. Sloniger, appellant, but that the said will was revoked by a…

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Appeal from the Circuit Court of Adams county; the Hon. Oscar P. Bonney, Judge, presiding. A bill for partition was filed in the circuit court of Adams county by Oliver, Joshua and Jacob Sloniger, brothers of one Joel Sloniger, deceased, alleging that Joel Sloniger died intestate, seized in fee simple of the premises in controversy; that on December 28, 1859, he made a will devising said premises to James K. P. Sloniger, appellant, but that the said will was revoked by a marriage which occurred after the execution of the will, and that the widow, who survived Joel Sloniger, conveyed her…

1Opinion of the CourtJustice Phillips

It cannot be seriously contended in this case that appellant took any title, as devisee, by virtue of the will of Joel Sloniger, deceased. After the date and execution of the will the wife of Joel Sloniger died, and at a later date he again married. By the act entitled “Descent of Property,” (Hurd’s Stat. chap. 39, sec. 10,) the subsequent marriage operated as a revocation of the will.

It is contended by appellant that if the will is void as a will, it should be treated by the court as an equitable contract by Joel Sloniger to convey at a future time, and should be specifically enforced. There…

2Cases cited2 opinions

  1. Best v. JenksIllinois Supreme Court · 1888
  2. Shaw v. SchoonoverIllinois Supreme Court · 1889

3Cited by18 opinions

  1. Burns v. First National BankIllinois Supreme Court · 1922
  2. Klussman v. WesslingIllinois Supreme Court · 1909
  3. Harper v. KennedyIllinois Supreme Court · 1958
  4. Monninger v. KoobIllinois Supreme Court · 1950
  5. Mould v. RohmIllinois Supreme Court · 1916

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