Strawn v. Trustees of the Jacksonville Female Academy
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Owen P. Thompson, Judge, presiding. This was a bill filed in the circuit court of Morgan county for the construction of certain clauses of the will of Phebe G. Strawn, deceased. The bill alleges that testatrix died February 6, 1906, leaving a will which was dated August 19, 1902, and a codicil thereto dated December 4, 1904, and that the will and codicil had been duly admitted to probate.
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Appeal from the Circuit Court of Morgan county; the Hon. Owen P. Thompson, Judge, presiding. This was a bill filed in the circuit court of Morgan county for the construction of certain clauses of the will of Phebe G. Strawn, deceased. The bill alleges that testatrix died February 6, 1906, leaving a will which was dated August 19, 1902, and a codicil thereto dated December 4, 1904, and that the will and codicil had been duly admitted to probate. By the tenth clause of the will the testatrix bequeathed to the trustees of the Jacksonville Female Academy $10,000, to be kept by said trustees “as a…
1Opinion of the CourtJustice Farmer
There.is no ambigxiity in the will, and the only basis for the application to a court of equity to construe the provisions of the will is the claim of the residuary legatees, one of whom is one of the executors of the will and a complainant in the bill, that by reason of the contract with and conveyance to Illinois College the Jacksonville Female Academ)'is not entitled to the bequest and devise made to its trustees in the tenth and twelfth clauses of the will.
From the statement of the proposition it is clear that the bill is not one for the construction of a will, the provisions of which are…
2Cases cited6 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Minkler v. SimonsIllinois Supreme Court · 1898
- Longwith v. RiggsIllinois Supreme Court · 1887
- Harrison v. OwsleyIllinois Supreme Court · 1898
- Duval v. DuvalIllinois Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Maguire v. City of MacombIllinois Supreme Court · 1920
- London & Lancashire Indemnity Co. of America v. TindallIllinois Supreme Court · 1941
- Kerner v. PetersonIllinois Supreme Court · 1937
- Walker v. First Trust & Savings BankCourt of Appeals for the Eighth Circuit · 1926
- Schultz v. Chicago City Bank & Trust Co.Illinois Supreme Court · 1943
8 more not listed; retrieve them via the Exa API.