Smith v. Winsor
Illinois Supreme Court
Appear from the Superior Court of Cook county; the Hon. Farrin Q. Barr, Judge, presiding. This is an appeal by Albert W. Winsor and others from a decree of the superior court of Cook county. The court overruled their demurrer to a bill for partition filed by Ira A. Smith and others, appellees, in that court. Appellants elected to stand by their demurrer, and the decree was entered against them pro confesso for want of answer.
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Appear from the Superior Court of Cook county; the Hon. Farrin Q. Barr, Judge, presiding. This is an appeal by Albert W. Winsor and others from a decree of the superior court of Cook county. The court overruled their demurrer to a bill for partition filed by Ira A. Smith and others, appellees, in that court. Appellants elected to stand by their demurrer, and the decree was entered against them pro confesso for want of answer. It appears from the bill that Augustus W. Winsor, Jr.., late of the city of Chicago, died testate on or about January 13, 1904; that at the time of the execution of his…
1Opinion of the CourtJustice Scott
The question is, what intention of the testator is evinced by the words used in his will ?
These propositions are clear:
First—The widow took a life estate in all the property of the deceased, with a limited power to dispose of the fee or corpus of the property.
Second—The persons whom the testator designated in the third clause of his will by the words “my heirs-at-law” took a vested remainder in all his property, which was liable to be defeated, in whole or in part, by the exercise of the power of disposition possessed by the widow.
Third—Upon the death of a man who is a resident of Illinois,…
2Cases cited3 opinions
- Johnson v. AskeyIllinois Supreme Court · 1901
- Webbe v. WebbeIllinois Supreme Court · 1908
- Blackmore v. BlackmoreIllinois Supreme Court · 1900
3Cited by18 opinions
- Walker v. WalkerIllinois Supreme Court · 1918
- Himmel v. HimmelIllinois Supreme Court · 1920
- Potter v. PotterIllinois Supreme Court · 1922
- McCormick v. SanfordIllinois Supreme Court · 1925
- Downing v. GrigsbyIllinois Supreme Court · 1911
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