Carpenter v. Van Olinder
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county; the Hon. C. W. Upton, Judge, presiding. Hiram Bauder, of Kendall county, was the owner of four hundred acres of land in that county, forty acres of wood land in the “big woods,” in Kane county, a house and lot and block of land in Montgomery, Kane county, and was possessed of $5000 in value of personal property, consisting of horses, cattle, farming tools, etc., and money.
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Appeal from the Circuit Court of Kendall county; the Hon. C. W. Upton, Judge, presiding. Hiram Bauder, of Kendall county, was the owner of four hundred acres of land in that county, forty acres of wood land in the “big woods,” in Kane county, a house and lot and block of land in Montgomery, Kane county, and was possessed of $5000 in value of personal property, consisting of horses, cattle, farming tools, etc., and money. By his last will and testament he devised as follows: “I give and bequeath to my beloved wife, Mary Bauder, and to my. three daughters, Harriet Elizabeth, Nancy Catharine and…
1Opinion of the CourtJustice Scholfield
The question here is, whether, in construing a devise which assumes to give a life estate to the ancestor and the remainder in fee to the heirs-at-law of such ancestor, the language of the devise in giving the life estate, and other parts of the devise showing, in connection with that language, that his intention was to give only a life estate, must control.
It is quite clear, upon authority, that the answer must be in the negative. We held in Baker et al. v. Scott, 62 Ill. 88, that the rule in Shelly’s case is in force here as a rule of property, and that the question of intent, in…
2Cases cited4 opinions
- Butler v. HuestisIllinois Supreme Court · 1873
- Allen v. CraftIndiana Supreme Court · 1887
- Millett v. FordIndiana Supreme Court · 1886
- Wicker v. RayIllinois Supreme Court · 1886
3Cited by21 opinions
- Bennett v. BennettIllinois Supreme Court · 1905
- Albin v. ParmeleNebraska Supreme Court · 1904
- Strain v. SweenyIllinois Supreme Court · 1896
- Griswold v. HicksIllinois Supreme Court · 1890
- Carpenter v. HubbardIllinois Supreme Court · 1914
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