Perry v. Bowman
Illinois Supreme Court
Appeal from the Circuit Court of Greene County the Hon. George W. Herd man, Judge, presiding. This was ejectment in the Circuit Court of Greene county, by appellee against appellant and Thomas Lanham, to recover 240 acres of land, described as the E. i, N. W. i, W. i, N. E. Í, and the W. S. E. %, all in Sec. 26, T. 10 N., R. 11 W., 3d P. M., in which appellee claimed an estate for life. There was verdict and judgment for the plaintiff, and Mary B. Perry, defendant, appeals.
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Appeal from the Circuit Court of Greene County the Hon. George W. Herd man, Judge, presiding. This was ejectment in the Circuit Court of Greene county, by appellee against appellant and Thomas Lanham, to recover 240 acres of land, described as the E. i, N. W. i, W. i, N. E. Í, and the W. S. E. %, all in Sec. 26, T. 10 N., R. 11 W., 3d P. M., in which appellee claimed an estate for life. There was verdict and judgment for the plaintiff, and Mary B. Perry, defendant, appeals. It is conceded,. that the title was originally in Harriet Bowman, who died November 6, 1876, testate. The will of the…
1Opinion of the Court
Mr. Justice Shope delivered
the opinion of the Court:
The contention of counsel for appellant, if we understand them, is, that by the will there was a joint devise of the land to the children of the testatrix named, and that each took an interest in the property in controversy, as tenants in common for their lives. This is, we think, a misapprehension. In construing the will, the intention of the testatrix, as derived from all its provisions, will control, and effect will be given to such intention when ascertained.
By the first clause of the will quoted, there is devised all of the property of…
2Cases cited4 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Gage v. MayerIllinois Supreme Court · 1886
- Hughes v. CarneIllinois Supreme Court · 1891
- Combs v. GoffIllinois Supreme Court · 1889
3Cited by6 opinions
- Wallace v. NolandIllinois Supreme Court · 1910
- Wallace v. FoxwellIllinois Supreme Court · 1911
- Wilson v. GlosIllinois Supreme Court · 1914
- Rolofson v. RolofsonAppellate Court of Illinois · 1927
- Finke v. FinkeSouth Dakota Supreme Court · 1916
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