Einbecker v. Einbecker
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is a bill to compel the trustees under the will of George Einbecker, deceased, to pay the annuity therein provided.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is a bill to compel the trustees under the will of George Einbecker, deceased, to pay the annuity therein provided. The will is as follows: “First—I give and bequeath to my son William Einbecker the saloon known as No. 2622 Wentworth avenue, in the city of Chicago, and all the stock in .trade and other goods and chattels thereto belonging. “Second—I give and bequeath to my son George Einbecker the saloon on the corner of…
1Opinion of the CourtChief Justice Magruder
Since the death of the testator, George Einbecker, the income from his estate has proved to be insufficient to pay to his widow, Anna Einbecker, the appellee herein, the sum of §125.00 per month directed by the will to be paid to her so long as her young'est child, Cecelia, remained with her; and the question in this case is, whether, there being a deficiency in the income, the corpus of the estate may be resorted to to make up the deficiency. Is the appellee entitled by the terms of the will to be paid out of the estate the full sum of §125.00 per month even if a portion thereof must be…
2Cases cited3 opinions
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- DeHaven v. ShermanIllinois Supreme Court · 1889
- Irwin v. WollpertIllinois Supreme Court · 1889
3Cited by20 opinions
- Penn v. FoglerIllinois Supreme Court · 1899
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- State v. UnderwoodWyoming Supreme Court · 1939
- Wilce v. VanAndenIllinois Supreme Court · 1911
- Houston Land & Trust Co. v. CampbellCourt of Appeals of Texas · 1937
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