Dunne v. Minsor

Appellant, as bishop of the Catholic church of the diocese of Peoria, filed a bill in the circuit court of Henry county to construe the wills of James Quirk and Mary Quirk, deceased. The question involved in this case is whether these wills create a condition subsequent or a covenant. Of the will of James Quirk clause 16 is the one involved, and is as follows:

“Sixteenth — I give and devise my homestead where I now reside, in Kewanee, Illinois, at the intersection of South and Chestnut streets, on lots ten (10) and eleven (11) and a portion of lot twelve (12), in block eleven (11), of Tenney’s…