Carter v. Carter
Illinois Supreme Court
Appear from the Circuit Court of.Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. In 1866 William G. Carter departed this life testate. He had been married twice, and left surviving him his widow, Mary Jane, and seven children of his second marriage, namely, Amanda Ann, Solon, Eucullus, Elijah, James Franklin, Erasmus and Vanando; also six children of his first marriage and one child of a deceased daughter of the first marriage.
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Appear from the Circuit Court of.Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. In 1866 William G. Carter departed this life testate. He had been married twice, and left surviving him his widow, Mary Jane, and seven children of his second marriage, namely, Amanda Ann, Solon, Eucullus, Elijah, James Franklin, Erasmus and Vanando; also six children of his first marriage and one child of a deceased daughter of the first marriage. The first paragraph of his will was as follows : “First—I give and bequeath to my wife, Mary Jane, the full use and control of the following described…
1Opinion of the CourtJustice Dunn
The questions arising on the record are: (I) Did the children of the second marriage take a vested interest under the will? (2) Did the children of the first marriage inherit from the deceased children of the second marriage ? (3) Are appellants entitled to an allowance for their improvements ?
First—The law favors the vesting of estates at the earliest possible moment, and estates devised will vest in interest at the death of the testator unless some later time for their vesting is clearly expressed by the words of the will or by necessary implication therefrom. (Scofield v. Olcott, 120 Ill.…
2Cases cited12 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Scofield v. OlcottIllinois Supreme Court · 1887
- Carper v. CrowlIllinois Supreme Court · 1894
- McCartney v. OsburnIllinois Supreme Court · 1886
- Knight v. PottgieserIllinois Supreme Court · 1898
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3Cited by43 opinions
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- O'Hare v. JohnstonIllinois Supreme Court · 1916
- Purl v. PurlSupreme Court of Kansas · 1921
- Smith v. ShepardIllinois Supreme Court · 1939
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