Strain v. Sweeny
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; the Hon. Alfred Sample, Judge, presiding. This is a bill filed to the September term, 1895, of the circuit court of McLean county, by the plaintiff in error against Nelson C. Sweeny, and his two children, Nettie Belle Newton and Cora May Sweeny, defendants in error, mainly for the purpose of construing the will of Joseph Sweeny, deceased, who died on or about December 21, 1871, leaving a will dated November 18, 1871. The…
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Writ of Error to the Circuit Court of McLean county; the Hon. Alfred Sample, Judge, presiding. This is a bill filed to the September term, 1895, of the circuit court of McLean county, by the plaintiff in error against Nelson C. Sweeny, and his two children, Nettie Belle Newton and Cora May Sweeny, defendants in error, mainly for the purpose of construing the will of Joseph Sweeny, deceased, who died on or about December 21, 1871, leaving a will dated November 18, 1871. The defendants answered the bill admitting all the material facts. The parties agree as to the facts as herein stated. The…
1Opinion of the CourtChief Justice Magruder
- It is claimed, that Dennis S. Sweeny took a fee simple title to the property devised to him in the first clause of the will, and, in support of this position, reliance is placed upon the recent cases of Ewing v. Barnes, 156 Ill. 61, and Silva v. Hopkinson, 158 id. 386. In regard to these two cases we have recently, in the case of Glover v. Condell, (ante, p. 566,) used the following language: “This court has held in a number of cases that, although a fee can not be limited upon a fee by deed, yet it can be so limited by will by way of executory devise. (Ackless v. Seekright, Breese, 76;…
2Cases cited14 opinions
- Butler v. HuestisIllinois Supreme Court · 1873
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Summers v. SmithIllinois Supreme Court · 1889
- Harris v. SmithSupreme Court of Georgia · 1855
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ingraham v. IngrahamIllinois Supreme Court · 1897
- Armstrong v. BarberIllinois Supreme Court · 1909
- Fifer v. AllenIllinois Supreme Court · 1907
- Klingman v. GilbertSupreme Court of Kansas · 1913
- O'Hare v. JohnstonIllinois Supreme Court · 1916
16 more not listed; retrieve them via the Exa API.