Cummings v. Hamilton
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the Hon. O. P. Thompson, Judge, presiding. On May 15, 1896, Julia I. Whipple died seized in fee simple of 300 acres of land in Jersey county. She left a will, by the second clause of which she gave to her husband, Mathew C. Whipple, “the rents, use and possession, for and during his natural life,” of said real estate.
Read the full summary
Appeal from the Circuit Court of Jersey county; the Hon. O. P. Thompson, Judge, presiding. On May 15, 1896, Julia I. Whipple died seized in fee simple of 300 acres of land in Jersey county. She left a will, by the second clause of which she gave to her husband, Mathew C. Whipple, “the rents, use and possession, for and during his natural life,” of said real estate. The sixth and seventh clauses of her will are as follows: “Sixth—I give, devise and bequeath after the death of my beloved husband, to Thomas H. Cummings, Sarah C. VanHorne and Harry C. Cummings,” the 300 acres of land, describing…
1Opinion of the CourtJustice Scott
Reading this will from the four corners thereof, as it speaks at the death of the testatrix, the devise to Harry C. Cummings was substantially this: If he survived the life tenant he was to take the property in fee; if he did not survive the life tenant the property was, upon the termination of the life tenancy, to vest in his children or their descendants, in fee, provided he died leaving children. The property was to pass to Harry C. Cummings upon an uncertain and dubious event, viz., if he survived the life tenant, and was therefore a contingent remainder. Haward v. Peavey, 128 Ill. 430;…
2Cases cited5 opinions
- Haward v. PeaveyIllinois Supreme Court · 1889
- Knight v. PottgieserIllinois Supreme Court · 1898
- Orr v. YatesIllinois Supreme Court · 1904
- Blatchford v. NewberryIllinois Supreme Court · 1880
- Slocum v. HagamanIllinois Supreme Court · 1898
3Cited by18 opinions
- Bullock v. WiltbergerSupreme Court of Kansas · 1914
- Baley v. StrahanIllinois Supreme Court · 1924
- Anthony v. Camden Safe, C., Co.New Jersey Court of Chancery · 1930
- De Korwin v. First Nat. Bank of Chicago De Korwin v. Koch De Korwin v. PrattCourt of Appeals for the First Circuit · 1950
- Brechbeller v. WilsonIllinois Supreme Court · 1907
13 more not listed; retrieve them via the Exa API.