Detrick v. Migatt
Illinois Supreme Court
APPEAL PROM SCOTT. The land in controversy was patented to Jesse McKee, who died in December, 1838, testate, appointing William McKee his executor, and devising his estate, after payment of debts, to his wife Jane, and his nephew Jerome McKee, with authority to executor, if personalty was not sufficient to pay debts, to sell such of the real estate as he should think most advantageous, to pay debts, and expressing wish that demand in favor of the executor should be paid…
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APPEAL PROM SCOTT. The land in controversy was patented to Jesse McKee, who died in December, 1838, testate, appointing William McKee his executor, and devising his estate, after payment of debts, to his wife Jane, and his nephew Jerome McKee, with authority to executor, if personalty was not sufficient to pay debts, to sell such of the real estate as he should think most advantageous, to pay debts, and expressing wish that demand in favor of the executor should be paid first. The said Jane and one Sutphin whom she had married on 1st of January, 1848, conveyed to the said Jerome of Rossville,…
1Opinion of the CourtSkinner, J.
The only question in this case, is whether the interest of Jerome McKee, the posthumous child of Jerome McKee, deceased, by his wife Isabella McKee, was divested by the decree against his mother and Samuel McKee, the brother of Jerome, deceased, and uncle of Jerome, the posthumous child. Our statute provides as follows : “ In all cases where any person shall die intestate, leaving real or personal estate in this State, and a child or children, commonly called posthumous children, shall be born unto him after his decease within the usual time prescribed by law, such child or children shall…
2Cited by2 opinions
- Botsford v. O'ConnerIllinois Supreme Court · 1870
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