Pasquay v. Pasquay
Illinois Supreme Court
Appear from the Appellate Court for the Second District ; — heard in that court on appeal from the Circuit Court of Peoria county; the Hon. E. D. Puturbaugh, Judge, presiding.
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Appear from the Appellate Court for the Second District ; — heard in that court on appeal from the Circuit Court of Peoria county; the Hon. E. D. Puturbaugh, Judge, presiding. This was a bill in chancery filed by appellee in the circuit court of Peoria county against appellant, Arthur Keith-ley, and others, in which appellee claimed to be the owner of certain real estate and prayed for certain relief as against a claim of interest in said premises made by appellant, and that the title in and to said premises be' by decree of the court confirmed and vested in appellee. As the case was disposed…
1Opinion of the Court
Mr. J ustice Parmer
delivered the opinion of the court:
By the terms of the will none of the devisees took any interest in the real estate of testatrix. The will directed that all of the estate, real and personal, of the testatrix be sold and the proceeds be divided, except $4500 that was to be held in trust for the benefit of appellee. The devises, therefore, must be treated as devises of money and not of land, and in that case the devisees could not sell or convey title to any part of the land nor could the interest of any one of them in the proceeds be sold on execution. In such case the…
2Cases cited3 opinions
- Baker v. CopenbargerIllinois Supreme Court · 1853
- Gary v. NewtonIllinois Supreme Court · 1903
- Fitzsimmons v. Allen's AdministratorIllinois Supreme Court · 1866
3Cited by15 opinions
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- David v. SchiltzIllinois Supreme Court · 1953
- People v. TombaughIllinois Supreme Court · 1922
- McCallister v. McCallisterIllinois Supreme Court · 1930
- Duckwall v. LeaseIndiana Court of Appeals · 1939
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