Legal Opinion

Brown v. Castle

Appellate Court of Illinois

Decided March 7, 1905No. Gen. No. 11,552PublishedCited by 1 opinion

Bill in chancery to compel payment of debts, etc. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.

1Opinion of the CourtJustice Freeman

This decree cannot be sustained. The portion of her father’s estate left for the benefit of Hetty Matilda Castle never became her absolute property. The will provided that she should receive the income from it, but the principal was to be given to her only upon an express condition that she should outlive the term of the trust. Failing that condition and upon her death the share of the estate to which she would otherwise have become entitled reverted to and became “absolutely” the property of Hetty "Yail Wentworth (now Brown) free from condition or charge of any sort on account of Mrs.…

2Cases cited1 opinion

  1. Olcott v. TopeIllinois Supreme Court · 1904

3Cited by1 opinion

  1. In re the Judicial Settlement of the Estate of MontgomeryNew York Surrogate's Court · 1927

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