Mills v. Newberry
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. Julia Bosa Newberry died testate on April 4,1876, unmarried and without issue, leaving her surviving, her mother, Julia Butler Newberry, who is the widow of Walter L. New-berry, deceased. Julia Butler Newberry is the sole heir at law and next of kin of said Julia Bosa.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. Julia Bosa Newberry died testate on April 4,1876, unmarried and without issue, leaving her surviving, her mother, Julia Butler Newberry, who is the widow of Walter L. New-berry, deceased. Julia Butler Newberry is the sole heir at law and next of kin of said Julia Bosa. The last will of Julia Bosa was admitted to probate in Cook county, Illinois, on April 16, 1876, and letters testamentary issued to E. W. Blatchford. Her…
1Opinion of the CourtJustice Sheldon
The contingency mentioned in the first clause of the will occurred, and there were none to take under the will other than Mrs. Newberry, the mother, and some charitable institution for women in Chicago. The condition of Mrs. Newberry taking under the will was, that she should, before receiving the bequest to her, execute a will devising, as mentioned, the undisposed or unspent part of the property. This condition we regard a condition precedent. Mrs. Newberry declined to execute the will and perforin the condition. She could then take nothing under the will. Where, then, did the property…
2Cases cited3 opinions
- Howard v. CarusiSupreme Court of the United States · 1884
- Blatchford v. NewberryIllinois Supreme Court · 1880
- Williams v. WorthingtonCourt of Appeals of Maryland · 1878
3Cited by36 opinions
- Crerar v. WilliamsIllinois Supreme Court · 1893
- Sorrells v. McNallySupreme Court of Florida · 1925
- Burke v. BurkeIllinois Supreme Court · 1913
- Crawfordsville Trust Co. v. Elston Bank & Trust Co.Indiana Supreme Court · 1940
- Helfrich's Estate v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1944
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