Legal Opinion

Van Buskirk v. Van Buskirk

Illinois Supreme Court

Decided October 26, 1893PublishedCited by 46 opinions

Appeal from the Circuit Court of Carroll county; the Hon. John D. Crabtree, Judge, presiding. This is a bill, filed, on November 24, 1890, in the Circuit Court of Carroll County by the appellee, Thomas Van Buskirk, an insane person suing by his next friend, against the appellants, Clarissa Van Buskirk, the widow, and Frank Van Bus-kirk, the adopted son and only heir, of Jesse Van Buskirk, deceased, for the purpose of having a resulting trust declared in favor of the…

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Appeal from the Circuit Court of Carroll county; the Hon. John D. Crabtree, Judge, presiding. This is a bill, filed, on November 24, 1890, in the Circuit Court of Carroll County by the appellee, Thomas Van Buskirk, an insane person suing by his next friend, against the appellants, Clarissa Van Buskirk, the widow, and Frank Van Bus-kirk, the adopted son and only heir, of Jesse Van Buskirk, deceased, for the purpose of having a resulting trust declared in favor of the complainant in a certain tract of 80 acres, described as the W. ½ S.W. ¼ Sec. 14, etc., for an accounting of the rents and…

1Opinion of the CourtJustice Magruder

About May 15, 1848, Jesse Van Buskirk became the holder, by assignment to himself, of a military land warrant, under which he located and entered on that day 160 acres of land in his own name; and a patent was issued to him on September 1, 1849. The tract of 160 acres lay east of 320 acres then owned by himself and his brother, Thomas Van Buskirk. He owned the north half of the 320 acres and his brother, Thomas, the south half thereof. The present bill seeks to establish a resulting trust in the south 80 acres of the 160 acres, entered on May 15, 1848, in favor of Thomas Van Buskirk. It is…

2Cases cited16 opinions

  1. Dodge v. ColeIllinois Supreme Court · 1881
  2. Reed v. ReedIllinois Supreme Court · 1890
  3. Reynolds v. SumnerIllinois Supreme Court · 1888
  4. Harris v. McIntyreIllinois Supreme Court · 1886
  5. Tomlin v. HilyardIllinois Supreme Court · 1867

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3Cited by46 opinions

  1. BRUSO BY BRUSO v. Alexian Bros. Hosp.Illinois Supreme Court · 1997
  2. Rizzo v. RizzoIllinois Supreme Court · 1954
  3. Clark v. ClarkIllinois Supreme Court · 1947
  4. Wollenberger v. HooverIllinois Supreme Court · 1931
  5. Springer v. KroeschellIllinois Supreme Court · 1896

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