Keeler v. Merchants Loan & Trust Co.
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. Patrick J. Sexton died October 28, 1903. He left a last will and testament, which was executed July 26, 1902. It was admitted to probate December 1, 1903. Defendant in error the Merchants Loan and Trust Company was named in the will as executor, and upon the probate of the will letters testamentary were issued to it. Sexton left surviving him his widow, Anna L. Sexton, and two' sons, Thomas O’D. Sexton and Patrick…
1Opinion of the CourtJustice Farmer
delivered the opinion of the.court:
• The rules authorizing extrinsic writings to be incorporated by reference to them by the testator in his will, so as to entitle them to be given testamentary effect, will be found stated in all text books on the subject of wills and in many judicial decisions. There is no conflict in the authorities and there can be no misunderstanding as to the rules of law on this subject, but their application to the will in this case is controverted. Three cardinal rules govern the incorporation of an extrinsic writing in a will by reference so as to give the writing…
2Cases cited1 opinion
- Merchants' Loan & Trust Co. v. EganIllinois Supreme Court · 1906
3Cited by18 opinions
- Matter of Estate of SneedSupreme Court of Oklahoma · 1998
- Wagner v. ClausonIllinois Supreme Court · 1948
- Simon v. GraysonCalifornia Supreme Court · 1940
- Meskimen v. Continental Illinois National BankIllinois Supreme Court · 1968
- Bottrell v. SpenglerIllinois Supreme Court · 1931
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