Chapman v. Cheney
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the Hon. Robert B. Shirley, Judge, presiding. Prentiss D. Cheney, a resident of Jerseyville, in Jersey county, died testate in that city on July 3, 1900, leaving Annette H. Cheney his widow, and Alexander M. Cheney, the appellee, his only son and only heir-at-law. His will, which bore date January 11, 1896, was admitted to probate in said county in August, 1900. The substance of the will is stated in the opinion of the court.
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Appeal from the Circuit Court of Jersey county; the Hon. Robert B. Shirley, Judge, presiding. Prentiss D. Cheney, a resident of Jerseyville, in Jersey county, died testate in that city on July 3, 1900, leaving Annette H. Cheney his widow, and Alexander M. Cheney, the appellee, his only son and only heir-at-law. His will, which bore date January 11, 1896, was admitted to probate in said county in August, 1900. The substance of the will is stated in the opinion of the court. Upon the probate of the will, letters testamentary were granted to appellant, who thereupon qualified and accepted the…
1Opinion of the CourtJustice Carter
Upon the bill of the appellee, the son and only heir-at-law of the testator, it was adjudged that the seventh paragraph of the will violates the rule against perpetuities and is therefore void, and that the fourth, fifth, sixth, eighth, ninth, tenth, twelfth and fifteenth paragraphs are dependent on the seventh for their effect and validity, and, with said seventh, constitute one entire scheme of the testator, and that said seventh paragraph being void the others mentioned are also void. The question was not raised below, nor has it been in this court, whether equity has jurisdiction to…
2Cases cited6 opinions
- Howe v. HodgeIllinois Supreme Court · 1894
- Lombard v. WitbeckIllinois Supreme Court · 1898
- Eldred v. MeekIllinois Supreme Court · 1899
- Friedman v. SteinerIllinois Supreme Court · 1883
- Strubher v. BelseyIllinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Woodall v. BruenWest Virginia Supreme Court · 1915
- Reid v. VoorheesIllinois Supreme Court · 1905
- Schuknecht v. SchultzIllinois Supreme Court · 1904
- Heisen v. EllisIllinois Supreme Court · 1910
- Hodam v. JordanDistrict Court, E.D. Illinois · 1949
6 more not listed; retrieve them via the Exa API.