Legal Opinion

Pearson v. Hanson

Illinois Supreme Court

Decided October 23, 1907PublishedCited by 16 opinions

Appeal from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge presiding. This is a bill filed to obtain a construction of the last will of Andrew Peterson. Only legal questions are involved. The will disposed of both real estate and personal property, hence the appeal is to this court.

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Appeal from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge presiding. This is a bill filed to obtain a construction of the last will of Andrew Peterson. Only legal questions are involved. The will disposed of both real estate and personal property, hence the appeal is to this court. The testator died January 19, 1899, and his will, which was dated August 4, 1898, was admitted to probate February 23, 1899. The testator left neither widow nor lineal descendants. His nearest relatives and principal beneficiaries under his will were two nephews, Harold P. Pearson and James A.…

1Opinion of the CourtJustice Vickers

The court below held that the interest of the devisees under the will of Andrew Peterson was contingent on the devisees being alive at the periods of distribution, and that Harold having died before either of such periods was reached had no devisable interest, hence his mother took nothing under his will. Cases of a present vesting of title where the enjoyment in possession is postponed are often difficult to distinguish from cases where the title is.only to vest on some future contingency which may or may not happen. In determining this question the legally expressed intention of the…

2Cases cited4 opinions

  1. Scofield v. OlcottIllinois Supreme Court · 1887
  2. Howe v. HodgeIllinois Supreme Court · 1894
  3. Steib v. WhiteheadIllinois Supreme Court · 1884
  4. Johnson v. PrestonIllinois Supreme Court · 1907

3Cited by16 opinions

  1. Anderson v. MenefeeCourt of Appeals of Texas · 1915
  2. Benson v. Greenville Nat. Exchange BankCourt of Appeals of Texas · 1952
  3. Von Kesler v. ScullyAppellate Court of Illinois · 1932
  4. Elizabeth v. Continental Illinois National Bank & Trust Co.Illinois Supreme Court · 1979
  5. The People v. Estate of StromIllinois Supreme Court · 1936

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