McConnel v. Smith
Illinois Supreme Court
This bill, which is a bill of revivor, presents the following state of facts: In December, 1838, one-Jesse McKee, of Morgan county, died, being the owner of the real estate now in controversy.
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This bill, which is a bill of revivor, presents the following state of facts: In December, 1838, one-Jesse McKee, of Morgan county, died, being the owner of the real estate now in controversy. Said Jesse McKee left a will, as follows: “ That William McKee will administer on my estate, and to do as herein directed; that he shall sell and dispose' of the stock of goods now on hand to the best advantage, the same as I would have done myself during my life, and whatever is policy to do in order to pay the demand against said stock of goods. After paying all just debts against my estate, my will…
1Opinion of the CourtWalker, J.
It is insisted that the testator has failed to employ language, in this will, which can operate to pass the title to the real estate in controversy, to the devisees. And that, by his death, the property descended to and vested in his heirs-at-law. It is true that this will does'not employ language that would formerly have been regarded as sufficient in a deed, to pass the fee, as no words of perpetuity were used. It simply declares that the residue of his estate, after the payment of his debts, shall be divided between his wife and his nephew, Jerome McKee. Following this, there is no…
2Cited by8 opinions
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- Mason v. McGirrIllinois Supreme Court · 1862
- Tucker v. McCoySupreme Court of Colorado · 1877
- Babcock v. FarwellAppellate Court of Illinois · 1914
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