Stisser v. Stisser
Illinois Supreme Court
Appear from the Circuit Court of Stark county; the Hon. Iv. D. Puterbaugh, Judge, presiding. This is a bill filed in the circuit court of Stark county to partition certain lands devised by the will of Charles P. Stisser, deceased, alleging that he died February 23, 1901, leaving a widow, three sons and one daughter, his only heirs-at-lawy that the wife had a son, George W. Hamilton, by a former husband, who was adopted by the deceased and seems to have gone by the name of…
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Appear from the Circuit Court of Stark county; the Hon. Iv. D. Puterbaugh, Judge, presiding. This is a bill filed in the circuit court of Stark county to partition certain lands devised by the will of Charles P. Stisser, deceased, alleging that he died February 23, 1901, leaving a widow, three sons and one daughter, his only heirs-at-lawy that the wife had a son, George W. Hamilton, by a former husband, who was adopted by the deceased and seems to have gone by the name of Stisser; that the will, probated on April 1, 1901, in Stark county, provided, first, that his debts should be paid;…
1Opinion of the CourtJustice Carter
No controversy exists over the facts in this case. All parties seek the construction of the will. The only point of dispute is whether the language of the will brings it within the rule in Shelley’s case. The question turns on the construction that should be given to clause 7. The word “section,” in the seventh clause of this will, is used with the same meaning as we use the word “clause”- in this opinion. If the word “heirs” is used in this clause in its strict technical meaning, then it must be held to be a word of limitation and not of purchase, and the chancellor erred in dismissing the…
2Cases cited9 opinions
- Kellett v. ShepardIllinois Supreme Court · 1891
- Orr v. YatesIllinois Supreme Court · 1904
- Connor v. GardnerIllinois Supreme Court · 1907
- Strain v. SweenyIllinois Supreme Court · 1896
- Gannon v. PetersonIllinois Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bond v. MooreIllinois Supreme Court · 1908
- O'Hare v. JohnstonIllinois Supreme Court · 1916
- Orme v. Northern Trust Co.Appellate Court of Illinois · 1961
- Beall v. BeallIllinois Supreme Court · 1928
- Baker v. ForsumanIllinois Supreme Court · 1958
4 more not listed; retrieve them via the Exa API.