Bergan v. Cahill
Illinois Supreme Court
Appeal from the Circuit Court of Peoria County; the Hon. Sabin D. Puterbaugh, Judge, presiding. This was a proceeding for the partition of two certain lots of ground, brought by the heirs of Martin Morris, deceased, against William Bergan and others.
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Appeal from the Circuit Court of Peoria County; the Hon. Sabin D. Puterbaugh, Judge, presiding. This was a proceeding for the partition of two certain lots of ground, brought by the heirs of Martin Morris, deceased, against William Bergan and others. Bergan resists the partition, claiming entire ownership of the lots in question, by virtue of a conveyance from Martin Morris, Jr., who, it is claimed, received the property in fee under the will of his father, upon the termination of a life estate in his mother. The circuit court decreed for the sale of the property and for the distribution of…
1Opinion of the CourtJustice Thornton
Martin Morris died, leaving a will containing the following disposition of his property:
“ First—My will is that all my j ust debts and fun eral expenses shall, by my executors hereafter named, be paid out of my estate as soon after my decease as shall by them be found convenient. First, I give, devise and bequeath to my beloved wife, Johanna Morris, all my real estate and personal property; also one cow. All, without reserve, I give unto my beloved wife.
“ N. B. In case my wife is not supported by her children, so as it may be necessary for her bodily comfort, I give her power to sell and…
2Cited by14 opinions
- Orr v. YatesIllinois Supreme Court · 1904
- Walker v. PritchardIllinois Supreme Court · 1887
- Wilson v. TurnerIllinois Supreme Court · 1896
- Lombard v. WitbeckIllinois Supreme Court · 1898
- King v. KingIllinois Supreme Court · 1905
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