Wentworth v. Read
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. George W. Stipp, Judge, presiding. This is an appeal from a judgment of affirmance by the Appellate Court of a decree for the partition of real estate between the heirs-at-law of Charles G. Read, deceased.
Read the full summary
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. George W. Stipp, Judge, presiding. This is an appeal from a judgment of affirmance by the Appellate Court of a decree for the partition of real estate between the heirs-at-law of Charles G. Read, deceased. Read died in July, 1887, leaving the following will, which was during the same month admitted to probate: “In the name of God, Amen.—I, Charles G-. Read, in the township of Berlin, county of Bureau and State of Illinois, of the age of sixty-six years, and…
1Opinion of the Court
Mr. Justioe Carter
delivered the opinion of the court:
The only question presented by this appeal for our decision is, were the legacies by the will in question made a lien or charge upon the real estate of the testator? It is not claimed that the will, upon its face, either expressly or impliedly provides for such lien or charge, but it is insisted that the will should be read in the light of extrinsic facts and circumstances which existed when it was made and when it took effect and which were well known to the testator, and that when so read and considered the implication arises that the…
2Cases cited2 opinions
- Reid v. CorriganIllinois Supreme Court · 1892
- Heslop v. GattonIllinois Supreme Court · 1874
3Cited by8 opinions
- Greenwood v. GreenwoodIllinois Supreme Court · 1899
- Haynes v. McDonaldIllinois Supreme Court · 1911
- Marti v. MartiAppellate Court of Illinois · 1941
- Morey v. MoreySupreme Court of Iowa · 1901
- In re Estate of SchwartzAppellate Court of Illinois · 1934
3 more not listed; retrieve them via the Exa API.