Hayward v. Loper
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Macoupin county; the Hon. Jesse J. Phillips, Judge, presiding. The executors of the last will of Adrain W. Loper, deceased, presented their petition to the county court, praying for an order of distribution, etc.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Macoupin county; the Hon. Jesse J. Phillips, Judge, presiding. The executors of the last will of Adrain W. Loper, deceased, presented their petition to the county court, praying for an order of distribution, etc. The cause having been there heard and determined, an appeal was taken to the circuit court, where an order of distribution was entered, from which an appeal was prosecuted to the Appellate Court, where the order of the circuit court was affirmed, and an appeal therefrom is…
1Opinion of the CourtJustice Shope
Two questions are presented for consideration, the first arising upon the construction of the will and first codicil, and the second, as to whether the legacy to Lodusky was paid by the cancellation and surrender of her note.
First—The special legatees contend that the sums mentioned in the first codicil, and aggregating $16,600, were withdrawn from the residuum, and descended to the heirs-at-law as intestate estate; that the testator having declared, by the codicil, that the share of Gideon B. Loper, which consisted of one-third of the testator’s estate after paying specific legacies, should…
2Cases cited2 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Higgins v. DwenIllinois Supreme Court · 1881
3Cited by11 opinions
- Minkler v. SimonsIllinois Supreme Court · 1898
- Hawhe v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1897
- Youngerman v. YoungermanSupreme Court of Iowa · 1907
- Ross ex rel. Ross v. AyrhartSupreme Court of Iowa · 1908
- Martin v. MartinIllinois Supreme Court · 1916
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