Henderson v. Harness
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in equity brought by Milton Harness, against the appellants, to construe the will of his father, Isaac Harness, and to set aside certain sales of the lands described in clause 6 of the will, wherein the appellants became the purchasers under executions issued on judgments rendered against the appellee.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in equity brought by Milton Harness, against the appellants, to construe the will of his father, Isaac Harness, and to set aside certain sales of the lands described in clause 6 of the will, wherein the appellants became the purchasers under executions issued on judgments rendered against the appellee. The cause was heard upon bill, answer, replication and report of the master, and thereupon a decree was rendered by the court in favor of the appellee. The will of Isaac Harness was…
1Opinion of the CourtJustice Phillips
The primary question to be determined in this .case is, whether the interest of Milton Harness in the lands devised to him by his father, Isaac Harness, was such an interest as could be sold under executions upon judgments against Milton Harness rendered before the death of Isaac Harness. This must be determined by the construction of the will of the latter. The particular clauses which have reference to the interest of appellee aré the sixth and tenth, hereinbefore set forth. In determining the construction of the will the intention of the testator is not to be sought for in what might…
2Cases cited12 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Potter v. CouchSupreme Court of the United States · 1891
- EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Seay v. CockrellTexas Supreme Court · 1909
- Henderson v. HarnessIllinois Supreme Court · 1900
- Streit v. FayIllinois Supreme Court · 1907
- Gray v. ShinnIllinois Supreme Court · 1920
- Newcomb v. MastersIllinois Supreme Court · 1919
14 more not listed; retrieve them via the Exa API.