Fletcher v. Root
Illinois Supreme Court
Appeal from the Circuit Court of Carroll county; the Hon. Oscar E. Heard, Judge, presiding. Simeon J. Fletcher died on April 7, 1901, owning 193 acres of land in Carroll county, and leaving the appellee, his widow, and his sister, Helen Root, his only heirs. He left a will, which was admitted to probate, by which he devised all his property to his widow for life with remainder to his sister or her heirs.
Read the full summary
Appeal from the Circuit Court of Carroll county; the Hon. Oscar E. Heard, Judge, presiding. Simeon J. Fletcher died on April 7, 1901, owning 193 acres of land in Carroll county, and leaving the appellee, his widow, and his sister, Helen Root, his only heirs. He left a will, which was admitted to probate, by which he devised all his property to his widow for life with remainder to his sister or her heirs. The widow renounced the will and the sister executed a warranty deed conveying all the land to the widow. The sister then died intestate, leaving the appellants, her children and heirs.…
1Opinion of the CourtJustice Dunn
The language of the will to be construed is as follows: “I hereby will and bequeath to my beloved wife, Emma Fletcher, all nay estate, real, personal and mixed, of whatsoever name and nature and wheresoever found or situated, during- the term of her natural life. At her death I direct that so much of nay estate as shall then be left shall be given to my sister, Mrs. Helen Root, wife of George Root, of Lanark, State of Illinois, or her heirs.”
The appellee claims that the words “or her heirs” are words of limitation, and that Mrs. Root took a vested remainder in fee after the termination of the…
2Cases cited7 opinions
- Glover v. CondellIllinois Supreme Court · 1896
- Parsons v. MillarIllinois Supreme Court · 1901
- Minkler v. SimonsIllinois Supreme Court · 1898
- Richards v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Whitman v. FisherIllinois Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Paine v. DoughtyIllinois Supreme Court · 1911
- Alcorn v. AlcornAppellate Court of Illinois · 1941