People ex rel. Wells v. Lanham
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. F. Book Walter, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. F. Book Walter, Judge, presiding. This cause originated in the county court of Vermilion county upon petition of appellants for a citation :against the appellee to show cause why he -should not proceed to sell certain real estate of which his testator died seized, for the purpose of paying claims theretofore probated and allowed in said court against the estate. The petition sets out that on August 18, 1876, the testator died testate; that his will was…
1Opinion of the CourtJustice Wilkin
The only question for our decision is whether the answer showed a sufficient reason why the defendant should not be ordered to sell the real estate, as prayed in the petition, and for the purposes of that decision the allegations must be taken as true. The presumption must be, in the absence of anything appearing to the contrary, that the sale and conveyance of all of the lands except the forty acres occupied by the widow as a homestead was regular under the power contained in the will, and hence the only question here is, whether the error last assigned should be sustained.
The defenses set…
2Cases cited9 opinions
- McCoy v. MorrowIllinois Supreme Court · 1857
- Rosenthal v. RenickIllinois Supreme Court · 1867
- Bursen v. GoodspeedIllinois Supreme Court · 1871
- Hartman v. SchultzIllinois Supreme Court · 1882
- Vansyckle v. RichardsonIllinois Supreme Court · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Graham v. BrockIllinois Supreme Court · 1904
- Hanna v. PalmerIllinois Supreme Court · 1901
- Peters v. PetersAppellate Court of Illinois · 1951
- Brown v. BurleyAppellate Court of Illinois · 1912
- Weitzel v. BergmanAppellate Court of Illinois · 1942
8 more not listed; retrieve them via the Exa API.