Armstrong v. Barber
Illinois Supreme Court
Appear from the Circuit Court of Winnebago county; the Hon. Robert W. Wright, Judge, presiding. This is a bill in chanceiy filed by appellee, alleging that George A. Mix died in Rockford, Illinois, June 29, 1907, leaving as his heirs-at-law his children, Arthur H. Mix, George H. Mix and Elsie H. Mix, and his grandchild, John Mix Armstrong, the only child of his deceased daughter, Mary, who died June 10, 1907, and further alleging that said George A. Mix died leaving a will,…
Read the full summary
Appear from the Circuit Court of Winnebago county; the Hon. Robert W. Wright, Judge, presiding. This is a bill in chanceiy filed by appellee, alleging that George A. Mix died in Rockford, Illinois, June 29, 1907, leaving as his heirs-at-law his children, Arthur H. Mix, George H. Mix and Elsie H. Mix, and his grandchild, John Mix Armstrong, the only child of his deceased daughter, Mary, who died June 10, 1907, and further alleging that said George A. Mix died leaving a will, dated June 20, 1907, which was afterward admitted to probate. The bill prayed that said will be found yold as creating a…
1Opinion of the CourtJustice Carter
Appellants contend that the legal title to the property vested in the trustees, and that the equitable title to the residue, after the payment of debts and the $5000 legacy to appellee, vested in the testator’s children at his death, and that the will is valid in all respects. If the title did so vest, then the will is not obnoxious to the rule on perpetuities, as vested estates are not subject to this rule. Gray on Perpetuities, (2d ed.) sec. 205; Lunt v. Lunt, 108 Ill. 307.
“An estate is vested when there is an immediate right of present enjoyment or a present fixed right of future…
2Cases cited18 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Ingraham v. IngrahamIllinois Supreme Court · 1897
- Kellett v. ShepardIllinois Supreme Court · 1891
- Knight v. PottgieserIllinois Supreme Court · 1898
- Orr v. YatesIllinois Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Walker v. WalkerIllinois Supreme Court · 1918
- Storkan v. ZiskaIllinois Supreme Court · 1950
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- McCray v. Citizens Trust & Savings BankCalifornia Supreme Court · 1928
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
51 more not listed; retrieve them via the Exa API.