Lord v. Comstock
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding. This was a bill filed by Thomas Lord, one of the trustees under the will of Harvey B. Hurd, deceased, praying, among other things, that the rights and duties of the trustees and the rights and interests of testator’s daughters and their heirs be determined.
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Appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding. This was a bill filed by Thomas Lord, one of the trustees under the will of Harvey B. Hurd, deceased, praying, among other things, that the rights and duties of the trustees and the rights and interests of testator’s daughters and their heirs be determined. January 20, 1906, Harvey B. Hurd, of Evanston, Illinois, departed this life testate, leaving him surviving Eda Hurd Lord and Nellie Hurd Comstock his only heirs-at-law and next of kin. The material parts of his will as bearing on the questions to…
1Opinion of the CourtJustice Carter
The chief question involved in this case is whether the rule in Shelly’s case applies and controls as to the disposition of the property left after the payment of certain legacies. We shall first discuss this rule as to its application to the real estate and then as to the personal property.
The rule in Shelly’s case has been frequently held to be in force in this State, and is a rule of law and not of construction or intent. (Baker v. Scott, 62 Ill. 86; Brislain v. Wilson, 63 id. 173; Butler v. Huestis, 68 id. 594; Wicker v. Ray, 118 id. 472; Carpenter v. VanOlinder, 127 id. 42; Pease v.…
2Cases cited13 opinions
- Baker v. ScottIllinois Supreme Court · 1871
- Glover v. CondellIllinois Supreme Court · 1896
- Allen v. CraftIndiana Supreme Court · 1887
- Lawrence v. LawrenceIllinois Supreme Court · 1899
- McFall v. KirkpatrickIllinois Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
- Winter v. DibbleIllinois Supreme Court · 1911
- Maguire v. City of MacombIllinois Supreme Court · 1920
- Chicago Title & Trust Co. v. Mercantile Trust & Savings BankAppellate Court of Illinois · 1939
- Westcott v. MeekerSupreme Court of Iowa · 1909
18 more not listed; retrieve them via the Exa API.