Legal Opinion

Carper v. Crowl

Illinois Supreme Court

Decided April 2, 1894PublishedCited by 58 opinions

Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill in chancery for partition, brought by ap-' pellees, Mordecai Growl and wife, in the circuit court of Sangamon county, seeking construction of a will, and invoking the doctrine of election.

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Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill in chancery for partition, brought by ap-' pellees, Mordecai Growl and wife, in the circuit court of Sangamon county, seeking construction of a will, and invoking the doctrine of election. Joseph Growl and Mary Ann Growl were married and had issue prior to 1844. In 1844 Mary Dillahunt, a widow, the mother of Mrs. Growl, died intestate, seized of the east half of the south-west quarter and the west half of the north-east quarter of section 19, township 15, north, range 3, west of…

1Opinion of the CourtJustice Shope

The principal question arising upon this record is, whether appellants, as heirs-at-law of Maria A. Carper, nee Growl, are barred of their right to the 180-acre tract of land conveyed by Mary Ann Growl to her daughter, said Maria A. Carper, February 12, 1875, and derived by the grantor by descent from her mother.

It is insisted that Mary Ann Growl, widow of the testator, Joseph Growl, having failed to renounce the benefit of devises to her, in his will, within one year from the probate thereof, in accordance with sections 10 and 11, chapter 41, of the statute entitled “Dower,” she is to be…

2Cases cited9 opinions

  1. Scofield v. OlcottIllinois Supreme Court · 1887
  2. Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
  3. Green v. HewittIllinois Supreme Court · 1880
  4. Evans's Appeal from ProbateSupreme Court of Connecticut · 1884
  5. Marsh v. WheelerNew York Court of Chancery · 1834

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3Cited by58 opinions

  1. Knight v. PottgieserIllinois Supreme Court · 1898
  2. Billings v. PeopleIllinois Supreme Court · 1901
  3. Carter v. CarterIllinois Supreme Court · 1908
  4. Cole v. ColeIllinois Supreme Court · 1920
  5. In re the Estate of ZweigNew York Surrogate's Court · 1932

53 more not listed; retrieve them via the Exa API.

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