Wagner v. Wagner
Illinois Supreme Court
Appeal, from the Appellate Court for the Second District heard in that court on appeal from the Circuit Court of Rock Island county; the Hon. W. H. Gest, Judge, presiding. This was a bill filed by appellant for the construction of the will, and first codicil thereto, of his father, George Wagner, deceased. George Wagner died testate January io, 1907, leaving three adult sons, Robert A. Wagner, Ernst Wagner and appellant, George Wagner, as his only heirs-at-law.
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Appeal, from the Appellate Court for the Second District heard in that court on appeal from the Circuit Court of Rock Island county; the Hon. W. H. Gest, Judge, presiding. This was a bill filed by appellant for the construction of the will, and first codicil thereto, of his father, George Wagner, deceased. George Wagner died testate January io, 1907, leaving three adult sons, Robert A. Wagner, Ernst Wagner and appellant, George Wagner, as his only heirs-at-law. He left no widow surviving him. His will bears date June 3, 1901. The first paragraph directéd the executors and trustees named in…
1Opinion of the CourtChief Justice Farmer
Appellant has filed an able and exhaustive brief in which every possible objection to the validity of the first codicil is discussed, but we shall not undertake to refer to or answer the many contentions urged against the correctness of the decisions of the circuit and Appellate Courts. Our observations will be limited to what appear to us to be the controlling authorities and principles in determining the validity of the trust created by the first codicil. The first consideration in the construction of wills is the oft-repeated rule that the intention of the testator must be determined, if…
2Cases cited5 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Rhoads v. RhoadsIllinois Supreme Court · 1867
- Baker v. BrownMassachusetts Supreme Judicial Court · 1888
- Lunt v. LuntIllinois Supreme Court · 1883
3Cited by39 opinions
- Anderson v. WilliamsIllinois Supreme Court · 1914
- Sherman v. HavensSupreme Court of Kansas · 1915
- Easton v. HallIllinois Supreme Court · 1926
- Rose v. Southern Michigan National BankMichigan Supreme Court · 1931
- Wallace v. FoxwellIllinois Supreme Court · 1911
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