Henderson v. Blackburn
Illinois Supreme Court
Appeal from the Circuit Court of Clark county; the Hon. C. B. Smith, Judge, presiding. This was an action of ejectment, brought by Deborah Henderson, against William Blackburn, for two certain tracts of land, situated in Clark county. There was a judgment for the" defendant, and the plaintiff appealed.
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Appeal from the Circuit Court of Clark county; the Hon. C. B. Smith, Judge, presiding. This was an action of ejectment, brought by Deborah Henderson, against William Blackburn, for two certain tracts of land, situated in Clark county. There was a judgment for the" defendant, and the plaintiff appealed. Both' parties claim title from a common source,—the will of Julius H. Blackburn, deceased, who died testate January 12, 1869. The will, among others, contains the two following clauses : “Second—After the payment of said funeral expenses and debts, I give, devise and bequeath unto my beloved…
1Opinion of the CourtJustice Sheldon
The controversy in this case is upon the construction of the second and third clauses of the will .of Julius H. Blackburn—what, thereunder, was the power of disposition of the real estate devised, which was, given to the widow, Polly Blackburn.
It appears to be the quite well settled doctrine that where a power of disposal accompanies a bequest or devise of a life estate, the power of disposal is only coextensive with the estate which the devisee takes under the will, and means such disposal as a tenant for life could make, unless there are other words clearly indicating that a larger power…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Giles v. LittleSupreme Court of the United States · 1881
- Boyd v. StrahanIllinois Supreme Court · 1865
- Green v. HewittIllinois Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Burke v. BurkeIllinois Supreme Court · 1913
- Bevans v. MurrayIllinois Supreme Court · 1911
- Morford v. DieffenbackerMichigan Supreme Court · 1884
- Podaril v. ClarkSupreme Court of Iowa · 1902
- Crain v. . WrightNew York Court of Appeals · 1889
32 more not listed; retrieve them via the Exa API.