Eldred v. Meek
Illinois Supreme Court
Appeal from the Circuit Court of Greene county; the Hon. Robert B. Shirley, Judge, presiding. The controversy in this case grows out of a bill filed by Ella Meek to construe the will of her mother, Mary Brace, who died leaving the complainant as her only child, and Alva B., Charles and Wilbur Meek, complainant’s children and decedent’s grandchildren, who at the time of decedent’s death were, respectively, twelve, seven and four years of age.
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Appeal from the Circuit Court of Greene county; the Hon. Robert B. Shirley, Judge, presiding. The controversy in this case grows out of a bill filed by Ella Meek to construe the will of her mother, Mary Brace, who died leaving the complainant as her only child, and Alva B., Charles and Wilbur Meek, complainant’s children and decedent’s grandchildren, who at the time of decedent’s death were, respectively, twelve, seven and four years of age. The will is as follows: “I, Mary Brace, of the city of Carrollton, county of Greene and State of Illinois, sixty-three years of age, sound in mind and of…
1Opinion of the CourtJustice Phillips
We shall consider the fourth and seventh assignments of error above first. Appellants contend that the circuit court had no power to grant the relief asked in the bill even if the contentions in the bill were well founded, and insist that the 'controversy involves only legal titles, and hence only legal remedies can be invoked; that by the will the trustee is clothed with only naked power to execute deeds under certain contingencies, and that if he failed to execute them the law would unite the use and the trust, and that as the bill seeks no other relief than that the will be construed the…
2Cases cited15 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Scofield v. OlcottIllinois Supreme Court · 1887
- Knox v. . JonesNew York Court of Appeals · 1872
- Knight v. PottgieserIllinois Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Johnson v. PrestonIllinois Supreme Court · 1907
- Quinlan v. WickmanIllinois Supreme Court · 1908
- Reid v. VoorheesIllinois Supreme Court · 1905
- McCreery v. JohnstonWest Virginia Supreme Court · 1922
17 more not listed; retrieve them via the Exa API.