In re Estate of McWhirter
Illinois Supreme Court
Appeal from the County Court of Henry county; the Hon. Albert E. Bergland, Judge, presiding. John McWhirter died at Iowa Falls, Hardin county, Iowa, where he resided, about January 21, 1908, intestate. He left a widow, three sons and a daughter, all of whom are adults and none of whom are residents of the State of Illinois.
Read the full summary
Appeal from the County Court of Henry county; the Hon. Albert E. Bergland, Judge, presiding. John McWhirter died at Iowa Falls, Hardin county, Iowa, where he resided, about January 21, 1908, intestate. He left a widow, three sons and a daughter, all of whom are adults and none of whom are residents of the State of Illinois. His only property in Illinois consists- of a claim for money in the hands of the circuit clerk of Henry county, amounting to about $4000. Henry E. Brown, as an individual and as executor of the will of Elizabeth Munson, deceased, filed a petition in the' county court of…
1Opinion of the CourtJustice Carter
Appellee contends that the constitutionality of the statute in question was not raised in the lower court and therefore cannot be first raised in this court. (Foote v. Lake County, 198 Ill. 638; Mechanics’ Savings Ass. v. People, 184 id. 129; Opaque Cloth Shade Co. v. Veight, 161 id. 337.) The order of the county court in this case expressly recites that the statute in question is constitutional. • From this finding it must be concluded that this question was raised in the lower court. There is nothing in the record that in any way conflicts with this conclusion. This contention of appellee…
2Cases cited6 opinions
- Kochersperger v. DrakeIllinois Supreme Court · 1897
- In re MulfordIllinois Supreme Court · 1905
- Lynch v. RotanIllinois Supreme Court · 1865
- Huddleston v. FrancisIllinois Supreme Court · 1888
- Strong v. DignanIllinois Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Furst v. BradyIllinois Supreme Court · 1940
- Krome v. HalbertIllinois Supreme Court · 1914
- People v. KruegerIllinois Supreme Court · 1908
- Barker v. BarkerAppellate Court of Illinois · 1919
- Krome v. HalbertAppellate Court of Illinois · 1913
1 more not listed; retrieve them via the Exa API.