Rodisch v. Moore
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Levi Moore died May 3, 1906, leaving a will executed on March 20, 1900. At the time of his death he was the owner of real estate and personal property.
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Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Levi Moore died May 3, 1906, leaving a will executed on March 20, 1900. At the time of his death he was the owner of real estate and personal property. By the first paragraph of the will he directed the payment of his just debts, and by the second paragraph he devised to James Rowlett seventeen acres of land described by metes and bounds, to hold during his natural life and upon his death to go to the children of James Rowlett who survived the testator. The third paragraph of the will is as follows:…
1Opinion of the CourtJustice Farmer
We are of opinion this record is not in a condition to permit us to determine the rights of the parties involved 'in this litigation. It is insisted by appellants that the court erred in overruling the demurrers to the bill for want of necessary parties defendant, and an examination of the questions sought to be determined satisfies us that Susan Ann Rowlett was a necessary party and the superior court erred in not so holding and sustaining the demurrer to the bill. In addition to the construction of the residuary clause of the will another question adjudicated was the validity of the Keeney…
2Cases cited3 opinions
- Brown v. RigginIllinois Supreme Court · 1880
- Bradley v. GilbertIllinois Supreme Court · 1895
- Howell v. FosterIllinois Supreme Court · 1887
3Cited by2 opinions
- Rodisch v. MooreIllinois Supreme Court · 1913
- Rodisch v. MooreIllinois Supreme Court · 1914