Legal Opinion

Kochersperger v. Drake

Illinois Supreme Court

Decided May 11, 1897PublishedCited by 52 opinions

Appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On November 12, 1895, John B. Drake, a resident of Cook county, Illinois, died, leaving a last will and testament, in and by which Josephine C. Drake, Timothy B. Blackstone and the Illinois Trust and Savings Bank were appointed his executors and trustees.

Read the full summary

Appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On November 12, 1895, John B. Drake, a resident of Cook county, Illinois, died, leaving a last will and testament, in and by which Josephine C. Drake, Timothy B. Blackstone and the Illinois Trust and Savings Bank were appointed his executors and trustees. Under the provisions of the will, property in excess of §20,000 passed to Josephine C. Drake, widow of John B. Drake; §5000 each passed to Fannie D. English, Mrs. Sallie Sausser and Ella Drake, nieces of the said John B. Drake; §1000 each passed to Samuel…

1Opinion of the CourtJustice Phillips

The question presented by this appeal involves the constitutionality of the act entitled “An act to tax gifts, legacies and inheritances in certain cases, and to provide for the collection of the same,” approved June 15, 1895.

The existence of the common law within the State of Illinois 0results from the provisions of chapter 28 of the Revised Statutes, which declare that the common law of England, and all statutes of a general nature made prior to the fourth year of James I, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority. By…

2Cited by52 opinions

  1. Nunnemacher v. StateWisconsin Supreme Court · 1906
  2. Thorpe v. MahinIllinois Supreme Court · 1969
  3. Reed v. BjornsonSupreme Court of Minnesota · 1934
  4. Selden v. Illinois Trust & Savings BankIllinois Supreme Court · 1909
  5. Black v. StateWisconsin Supreme Court · 1902

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API