Stunz v. Stunz
Illinois Supreme Court
"Writ of Error to the Superior Court of Cook county; the Hon. Egbert Jamieson, Judge, presiding. This was a bill for partition, filed by Maria Stunz, in the Superior Court of Cook county, against Catharine, Louisa and Mina Stunz, September 23, 1887. The bill alleges that Carl Stunz, the husband of the complainant, died March 8, 1885, leaving a will, which was duly probated, and seized in fee of a certain lot; that under the will, complainant is entitled to her one-third…
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"Writ of Error to the Superior Court of Cook county; the Hon. Egbert Jamieson, Judge, presiding. This was a bill for partition, filed by Maria Stunz, in the Superior Court of Cook county, against Catharine, Louisa and Mina Stunz, September 23, 1887. The bill alleges that Carl Stunz, the husband of the complainant, died March 8, 1885, leaving a will, which was duly probated, and seized in fee of a certain lot; that under the will, complainant is entitled to her one-third interest' in the net income derived from said lot of land and premises during her natural life; that Catharine, Louisa and…
1Opinion of the CourtChief Justice Shope
The statute requires that in a proceeding for the partition of real estate, the court shall “ascertain and declare the rights, titles and interests of all the parties,” and give judgment according to the rights of the parties. In this case, the court found that complainant was entitled to a one-tenth interest in the premises sought to be partitioned, as tenant in common with plaintiffs in error, each of whom was found to be entitled to an undivided three-tenths thereof, subject to the life estate of complainant in one-third of said premises, and to her right of homestead in the whole thereof,…
2Cases cited3 opinions
- Vanzant v. VanzantIllinois Supreme Court · 1860
- Lilly v. ShawIllinois Supreme Court · 1871
- Merritt v. MerrittIllinois Supreme Court · 1881
3Cited by29 opinions
- Baker v. BakerIllinois Supreme Court · 1903
- McMullen v. ReynoldsIllinois Supreme Court · 1904
- Field v. FieldIllinois Supreme Court · 1905
- Tyson v. TysonWisconsin Supreme Court · 1896
- Rom v. GephartAppellate Court of Illinois · 1961
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