Legal Opinion

Olney v. Howe

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 11 opinions

Appeal from the Circuit Court of Livingston county; the Hon. N. J. Pillsbury, Judge, presiding. On the 7th day of August, 1873, one Sophia L. Bogart died, leaving three surviving children and only heirs at law, to-wit: Laura L. Olney (wife of Ransom Olney), Ferdinand C. Howe, and Alfred S. Howe. She died at the residence of her daughter, Laura L. Olney, at Pontiac, Illinois.

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Appeal from the Circuit Court of Livingston county; the Hon. N. J. Pillsbury, Judge, presiding. On the 7th day of August, 1873, one Sophia L. Bogart died, leaving three surviving children and only heirs at law, to-wit: Laura L. Olney (wife of Ransom Olney), Ferdinand C. Howe, and Alfred S. Howe. She died at the residence of her daughter, Laura L. Olney, at Pontiac, Illinois. On the 21st day of October, 1873, said Laura caused a petition to be filed in the probate court of Livingston county for letters of administration upon the estate of her mother, setting forth in such petition that said…

1Opinion of the CourtJustice Baker

The instrument on which appellant’s claim is based did not take effect as a completed gift inter vivos, or as an executed contract, to work the transfer of title to appellant. There was no assignment or delivery of the note for $1300. The instrument was clearly executory in its character. By its terms possession of the property was to be given to and taken by appellant upon the decease of Mrs. Bogart, who was to have the full use of the interest on the $1300 during her lifetime, and after her death appellant was to pay Alfred S. Howe $300 of the money secured by the note. There is in the…

2Cases cited2 opinions

  1. Tucker v. WoodsNew York Supreme Court · 1815
  2. Thompson v. WellerIllinois Supreme Court · 1877

3Cited by11 opinions

  1. Cline v. JonesIllinois Supreme Court · 1884
  2. Noble v. FickesIllinois Supreme Court · 1907
  3. Thompson v. J. D. Thompson Carnation Co.Illinois Supreme Court · 1917
  4. Olson v. WhiffenAppellate Court of Illinois · 1912
  5. Van Vlissingen v. ManningAppellate Court of Illinois · 1902

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