Whitcomb v. Rodman
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding. This was a bill brought by Edward L. Rodman, Joseph L. Rodman and Mary J. Rodman, against the heirs and other devisees of John Rodman, deceased, to construe the will of the deceased and to quiet title to certain lands alleged to have been devised by the will.
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Writ of Error to the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding. This was a bill brought by Edward L. Rodman, Joseph L. Rodman and Mary J. Rodman, against the heirs and other devisees of John Rodman, deceased, to construe the will of the deceased and to quiet title to certain lands alleged to have been devised by the will. John Rodman died testate July 30,1889. At the time of his death he owned in fee the north-west quarter of the north-east quarter of section 27; sixty acres off of the west side of the south-east quarter of section 22; the south-west quarter of…
1Opinion of the CourtJustice Craig
In the construction of a will the important question always is, what was the intention of the testator? As was well said by Chief Justice Marshall in Kinlay v. King’s Lessee, 3 Pet. 346: “The intent of the testator is the cardinal rule in the construction of wills, and if that intent can be clearly perceived, and is not contrary to some positive rule of law, it must prevail, although in giving effect to it some words should be rejected, or so restrained in their application as materially to change the literal meaning of the particular sentence.” See, also, Decker v. Decker, 121 Ill. 341.
It…
2Cases cited4 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Decker v. DeckerIllinois Supreme Court · 1887
- Higgins v. DwenIllinois Supreme Court · 1881
3Cited by24 opinions
- Pate v. BushongIndiana Supreme Court · 1903
- Harrison v. WeatherbyIllinois Supreme Court · 1899
- Munie v. GruenewaldIllinois Supreme Court · 1919
- Appleton v. ReaIllinois Supreme Court · 1945
- Reid v. VoorheesIllinois Supreme Court · 1905
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