Legal Opinion

Muhlke v. Tiedemann

Illinois Supreme Court

Decided February 17, 1899PublishedCited by 10 opinions

Appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. John H. Muhlke died testate in 1879, leaving a last will and testament, which is in the words and figures following: “I, John H. Muhlke, of Chicago, State of Illinois, being of sound and disposing mind and memory, do make and publish this my last will and testament: “First—I direct that all my just debts be paid.

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Appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. John H. Muhlke died testate in 1879, leaving a last will and testament, which is in the words and figures following: “I, John H. Muhlke, of Chicago, State of Illinois, being of sound and disposing mind and memory, do make and publish this my last will and testament: “First—I direct that all my just debts be paid. “Second—All of the property, real and personal, of which I may die seized or possessed, and wherever situated, I give, devise and bequeath unto my beloved wife, Catharina Muhlke, to have,…

1Per curiam

The first question to be determined in this case is, did Catharina Muhlke, widow of John H. Muhlke, deceased, take the absolute title to the property given and devised to her in the second clause of his will, or only a life estate with a restricted power of disposal; and if only the latter, and her will was a mere execution of the power so far as it disposed of said property, the second question is, does her will violate the rule against perpetuities and is it therefore void? The complainants in the bill, three of the heirs-at-law of John H. Muhlke, sought to partition the lands as intestate…

2Cases cited3 opinions

  1. Friedman v. SteinerIllinois Supreme Court · 1883
  2. Siddons v. CockrellIllinois Supreme Court · 1890
  3. Lincoln v. LincolnMassachusetts Supreme Judicial Court · 1871

3Cited by10 opinions

  1. Callwood v. KeanCourt of Appeals for the Third Circuit · 1951
  2. Chapman v. CheneyIllinois Supreme Court · 1901
  3. Swannell v. WilsonIllinois Supreme Court · 1948
  4. Ickes v. IckesIllinois Supreme Court · 1944
  5. Goldsmith v. PetersenSupreme Court of Iowa · 1913

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