DeHaven v. Sherman
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John C. Bagby, Judge, presiding. This was a bill in equity, in the circuit court of Cook county, seeking construction of the last will and testament of Francis C. Sherman, deceased.
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Appeal from the Circuit Court of Cook county; the Hon. John C. Bagby, Judge, presiding. This was a bill in equity, in the circuit court of Cook county, seeking construction of the last will and testament of Francis C. Sherman, deceased. So much of the will as is pertinent in this ease reads as follows: “I do give, bequeath and devise my real estate in said city-of Chicago, known as the Sherman House property, and described as lots seven (I) and eight (8), in block thirty-four (34), in the original town (now city) of Chicago, in said county, with the hereditaments and appurtenances, to Joshua…
1Opinion of the CourtJustice Scholfield
Yery clearly, the payments which the will directs the trustee to make to the widow and the children are not a rent charge. 1 Thomas’ Coke, 349, 143 b; 3 Greenleaf’s Cruise’s Digest, 71, 72; 3 Kent’s Com. (12th ed.) 595, *496. They are simply annuities, to be paid from the annual rents contemplated to accrue from the leasing of the Sherman House. 1 Broom & Hadley’s Com. (Ward’s notes,) 459, *55; 1 Thomas’ Coke, 352, *144 b; 3 Kent’s Com. (12th ed.) 595. It could not have been intended by the testator that the payment of these annuities are a charge against the copus of the estate, because that might have…
2Cases cited2 opinions
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Irwin v. WollpertIllinois Supreme Court · 1889
3Cited by20 opinions
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Merchants' Loan & Trust Co. v. PattersonIllinois Supreme Court · 1923
- Gordon v. GordonIllinois Supreme Court · 1955
- Einbecker v. EinbeckerIllinois Supreme Court · 1896
- French v. CalkinsIllinois Supreme Court · 1911
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