Marvin v. Ledwith
Illinois Supreme Court
Writ of Error to the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. The bill in this case was brought by Matthew Marvin and Mary Brown, against John Ledwith, Delia Biehl and Mary Franey, and was for the partition of the lands of which Robert Franey died seized. The facts all appear by admission on demurrer to the bill.
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Writ of Error to the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. The bill in this case was brought by Matthew Marvin and Mary Brown, against John Ledwith, Delia Biehl and Mary Franey, and was for the partition of the lands of which Robert Franey died seized. The facts all appear by admission on demurrer to the bill. It appears that Robert Franey, through whom the parties claim the land in question, died on the 12th day of June, 1877; that he left surviving him his widow, Mary Franey, but no children or descendants of any child, and that his only heir at law…
1Opinion of the CourtJustice Scott
The bill in this ease is framed on the theory the lands of which Robert Franey died seized became intestate property on the filing of the renunciation of the benefit of his will by his widow, as was done, under the provisions of the statute, and that in consequence of such renunciation his widow would take one-half of the real estate absolutely, and the other half would go to his heirs at .law, of whom complainant Mary Brown alone sustained that relation to the testator. If this view is sustained, it Would exclude the devisee in the will from any interest whatever in the lands involved in…
2Cases cited2 opinions
- McMurphy v. BoylesIllinois Supreme Court · 1868
- Nicoll v. ScottIllinois Supreme Court · 1881
3Cited by11 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1898
- Canavan v. McNultyIllinois Supreme Court · 1927
- Nelson v. MeadeSupreme Judicial Court of Maine · 1930
- Logan v. LoganSupreme Court of Colorado · 1887
- Bates v. CreedOhio Court of Appeals · 1913
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