Legal Opinion

Sutherland v. Sutherland

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 22 opinions

Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was a bill in equity, filed by John E. Sutherland and others, as the heirs at law of John E. Sutherland, deceased, against Adeline B. Sutherland and others, for the partition and settlement of the estate of the deceased. The opinion of the court presents the points in controversy, and the leading facts relating thereto.

1Opinion of the CourtJustice Scholfield

This is a contest between the brother and certain nephews and nieces of the intestate, on the one side, and his widow on the other, in regard to the interest claimed by the latter in the intestate’s estate.

There is no dispute upon the facts, and they are briefly these: John E. Sutherland died intestate, seized and possessed of a considerable amount of real and personal property, leaving, surviving him, Adeline B. Sutherland, his widow, but no child or children, or descendant of child or children. Some years before his death, and immediately prior to and in view of his anticipated marriage…

2Cases cited1 opinion

  1. Tyson v. PostlethwaiteIllinois Supreme Court · 1852

3Cited by22 opinions

  1. Dillingham v. RussellTexas Supreme Court · 1889
  2. Koch v. StreuterIllinois Supreme Court · 1905
  3. Blankenship v. HallIllinois Supreme Court · 1908
  4. Purvines v. HarrisonIllinois Supreme Court · 1894
  5. Schoellkopf v. DevryIllinois Supreme Court · 1937

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