Johnson v. Preston
Illinois Supreme Court
Appeal from the Circuit Court of Lee county; the Hon. O. E. Heard, Judge, presiding. The heirs-at-law of Jane Platt filed a bill in the Lee county circuit court to have clauses 5 and 6J2 of the will of Jane Platt declared void and for a partition of the real estate devised by said clauses. Jane Platt died testate March 1, 1904, leaving complainants and James J. Platt her heirs-at-law. Said Jane Platt left a will consisting of eleven clauses and a codicil of one ■clause.
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Appeal from the Circuit Court of Lee county; the Hon. O. E. Heard, Judge, presiding. The heirs-at-law of Jane Platt filed a bill in the Lee county circuit court to have clauses 5 and 6J2 of the will of Jane Platt declared void and for a partition of the real estate devised by said clauses. Jane Platt died testate March 1, 1904, leaving complainants and James J. Platt her heirs-at-law. Said Jane Platt left a will consisting of eleven clauses and a codicil of one ■clause. The first clause directs the payment of funeral expenses and all just debts out of the first money that may come into the…
1Opinion of the CourtJustice Vickers
First—Appellants contend that clauses 5 and are void because they violate the rule against perpetuities. In our consideration of this question we will first consider it with reference to the estate or interest devised to the executor. The sections of the will in question need not be considered separately. The language employed in the two sections brings them both under the same rules of law. The effective words which create the estate of the executor and limit its commencement and duration, separated from the language relating to the use, are as follows: “I give and devise to my executor…
2Cases cited22 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
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3Cited by50 opinions
- Keogh v. PeckIllinois Supreme Court · 1925
- Armstrong v. BarberIllinois Supreme Court · 1909
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- Haggerty v. City of OaklandCalifornia Court of Appeal · 1958
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