Rexford v. Bacon
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. C. G. Neely, Judge, presiding. This was a bill filed by appellees, as executors and trustees under the last will and testament of Jane A. Myrick, deceased, for the construction of the will and codicil, and for instructions as to the distribution of the balance of the estate in their hands.
1Opinion of the CourtJustice Carter
As far as appellants are concerned, the only question to be determined here is whether the gifts in the codicil to the Rexford children are absolute and unconditional or whether they are subject to the rule of preferences established by the testatrix in clause 10 of the will. According to this rule all gifts in clauses 2 to 6 inclusive are to be first fully met, then follow in order those in clauses 7, 8 and 9. The gifts to the Rexford children are in clause 8. The gifts in clause 7 are more than enough to exhaust the remainder of the assets. So, unless it can be determined that the…
2Cases cited1 opinion
- Jenks v. JacksonIllinois Supreme Court · 1889
3Cited by6 opinions
- Baker v. BakerIllinois Supreme Court · 1925
- Abrahams v. SandersIllinois Supreme Court · 1916
- Dauel v. ArnoldIllinois Supreme Court · 1903
- In Re Van Wechel's EstateSupreme Court of Iowa · 1950
- Schultz v. Elmhurst CollegeAppellate Court of Illinois · 1974
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