Pitney v. Brown
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, instituted in the court below, in the right of Henry C. Pitney, Phoebe T. Watkins, and Mary E. Brayton, the children of Mahlon Pitney, deceased, in order to obtain a judicial construction of the will of Aaron Pitney, deceased, particularly of the fourth clause thereof, touching the equal distribution of the residuary fund therein provided for.
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, instituted in the court below, in the right of Henry C. Pitney, Phoebe T. Watkins, and Mary E. Brayton, the children of Mahlon Pitney, deceased, in order to obtain a judicial construction of the will of Aaron Pitney, deceased, particularly of the fourth clause thereof, touching the equal distribution of the residuary fund therein provided for. The will is as follows: “ Realizing the uncertainty of life, and being now of sound mind and in the full enjoyment of all my faculties,…
1Opinion of the CourtJustice Lawrence
Aaron Pitney died leaving a will, by which, after directing the conversion of his property into money, and the payment of an annuity to his wife, and certain legacies to other persons, he provides as follows as to the residue:
“ The balance remaining of said fund I hereby direct shall be equally divided between the children of my late brother, Mahlon Pitney, and my brother-in-law, William H. Brown, of the city of Chicago, a large portion of my property having been received through his father and the father of my late wife, Betsey H. Pitney.”
There are three children of said Mahlon Pitney; and…
2Cases cited1 opinion
- Collins v. HoxieNew York Court of Chancery · 1841
3Cited by16 opinions
- Richards v. MillerIllinois Supreme Court · 1872
- Dollander v. DhaemersIllinois Supreme Court · 1921
- Kelley v. VigasIllinois Supreme Court · 1884
- Schroeder v. BenzIllinois Supreme Court · 1956
- Kling v. SchnellbeckerSupreme Court of Iowa · 1899
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