Legal Opinion

Bradley v. Rees

Illinois Supreme Court

Decided March 26, 1885PublishedCited by 11 opinions

Writ of Error to the Circuit Court of Jackson county; the Hon. Daniel M. Browning, Judge, presiding. Reuben R. Rees died testate, in Jackson county, Illinois, on December 7, 1880. At his death he left him surviving a widow, Sarah L. Rees, who was named in his will as executrix, and who has since married, and is now named Sarah L. Bradley. The testator, at his death, left him surviving twelve children.

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Writ of Error to the Circuit Court of Jackson county; the Hon. Daniel M. Browning, Judge, presiding. Reuben R. Rees died testate, in Jackson county, Illinois, on December 7, 1880. At his death he left him surviving a widow, Sarah L. Rees, who was named in his will as executrix, and who has since married, and is now named Sarah L. Bradley. The testator, at his death, left him surviving twelve children. Six of them were by a former wife,—that is to say, Mrs. Mary E. Striger, Leo H. Rees, Mrs. Ellen Kilmer, and Ephraim L. Rees, who are the complainants in the original bill in this suit, and Mrs.…

1Opinion of the CourtJustice Dickey

The proofs entirely fail to sustain the allegations of a want of disposing capacity in the testator, and of undue influence in bringing about the making of the will. In fact, these positions in the bill are not pressed, here, by counsel for defendants in error. The sole questions for our consideration arise upon the fifth clause of the will. These are its words: “To my daughter Dora L. Rees I will and bequeath the south-west quarter of the north half of section 14, town 8, range 2, west,—the remaining lands owmed by me to be divided between the four boys. ” It is insisted in the bill, and in…

2Cases cited1 opinion

  1. Kurtz v. HibnerIllinois Supreme Court · 1870

3Cited by11 opinions

  1. Achelis v. MusgroveSupreme Court of Alabama · 1924
  2. Gordon v. BurrisSupreme Court of Missouri · 1897
  3. Peet v. PeetIllinois Supreme Court · 1907
  4. Evans v. Volunteers of AmericaSupreme Court of Missouri · 1955
  5. National Jewish Hospital for Consumptives v. ColemanSupreme Court of Alabama · 1914

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