Potter v. Clapp
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Joseph P. Rob arts, Judge, presiding. This was a bill in chancery filed by Mary Ann Clapp in the circuit court of Cook county, as widow of James H. Clapp, deceased, against Georgianna Potter, Annie L. Wilcox and Albert G. Clapp, his children by a former marriage, for the assignment of dower and homestead in the real estate of which he died seized, the establishment of a resulting trust in said real estate to the extent…
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Appeal from the Circuit Court of Cook county; the Hon. Joseph P. Rob arts, Judge, presiding. This was a bill in chancery filed by Mary Ann Clapp in the circuit court of Cook county, as widow of James H. Clapp, deceased, against Georgianna Potter, Annie L. Wilcox and Albert G. Clapp, his children by a former marriage, for the assignment of dower and homestead in the real estate of which he died seized, the establishment of a resulting trust in said real estate to the extent her money had paid therefor, and for an accounting. Mary M. Clapp, the divorced wife of the said James H. Clapp,…
1Opinion of the CourtChief Justice Hand
The first question which is presented for consideration upon this record is, was the complainant, Mary Ann Clapp, the lawful wife of James H. Clapp at the time of his death? It clearly appears that at the time James H. Clapp and Mary Ann commenced living together in the city of Chicago, ostensibly as husband and wife, James H. Clapp had a lawful wife then living and that Mary Ann had a lawful husband then living. Their cohabitation was therefore meretricious in its inception, and the presumption of law is that it so continued so long as they continued to live and cohabit together, unless the…
2Cases cited11 opinions
- Sarah v. ReadIllinois Supreme Court · 1882
- Cartwright v. McGownIllinois Supreme Court · 1887
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Schmisseur v. BeatrieIllinois Supreme Court · 1893
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In re the Application for Letters of Administration de Bonis Non on the Goods, Chattels & Credits of MeehanAppellate Division of the Supreme Court of the State of New York · 1912
- Butts v. CooperSupreme Court of Alabama · 1907
- Chancey v. WhinnerySupreme Court of Oklahoma · 1915
- Winter v. DibbleIllinois Supreme Court · 1911
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
35 more not listed; retrieve them via the Exa API.