Legal Opinion

Barnum v. Reed

Illinois Supreme Court

Decided January 22, 1891PublishedCited by 33 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding.

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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. Mary L. Davis died April 8, 1889, leaving a will, dated July 25, 1887, and duly probated May 2, 1889. By the will a farm of two hundred acres, in Stephenson county, was devised to Permelia E. Reed, sister of the testatrix, for life, with the remainder to her four children, and also certain chattel property. After the payment of certain specific legacies the testatrix gave the remainder of her estate, in equal parts, to…

1Opinion of the CourtJustice Shore

The notes and certificates of deposit sought to be recovered in this case being payable to Mrs. Davis, the testatrix, and not having been indorsed, are prima facie assets of the estate. Therefore, unless it is shown that she, in her lifetime, made a valid disposition of the property, the executor of her will is entitled to the same. The defense interposed admits, in effect, that the testatrix died seized of this property unless she parted with it by donation or gift, either to her sister, Mrs. Reed, directly, or to E. P. Barton, as trustee, for her benefit. The burden, therefore, rests upon…

2Cases cited10 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Young v. . YoungNew York Court of Appeals · 1880
  3. Basket v. HassellSupreme Court of the United States · 1883
  4. Sheedy v. RoachMassachusetts Supreme Judicial Court · 1878
  5. Walter v. FordSupreme Court of Missouri · 1881

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3Cited by33 opinions

  1. Rothwell v. TaylorIllinois Supreme Court · 1922
  2. Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
  3. Union Trust Co. v. HawkinsOhio Supreme Court · 1928
  4. Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
  5. Millard v. MillardIllinois Supreme Court · 1906

28 more not listed; retrieve them via the Exa API.

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