Hawkins v. Bohling
Illinois Supreme Court
Writ op Error to the Circuit Court of Moultrie county; the Hon. E. P. Vail, Judge, presiding. Plaintiffs in error, William H. and Thaddeus Hawkins, filed their bill in equity in the circuit court of Moultrie county, against defendants in error, claiming an interest, as heirs-at-law of Ann M. Shepherd, deceased, in certain lots in the city of Sullivan, in said county, and asking ■that the same be declared and that partition be made.
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Writ op Error to the Circuit Court of Moultrie county; the Hon. E. P. Vail, Judge, presiding. Plaintiffs in error, William H. and Thaddeus Hawkins, filed their bill in equity in the circuit court of Moultrie county, against defendants in error, claiming an interest, as heirs-at-law of Ann M. Shepherd, deceased, in certain lots in the city of Sullivan, in said county, and asking ■that the same be declared and that partition be made. The bill showed that Ann M. Shepherd, who was the owner of the property at the time of her death, died December 16, 1889, leaving her surviving as her only…
1Opinion of the CourtJustice Garter
The interest claimed by plaintiffs in error in the property in question as heirs-at-law of Ann M. Shepherd, deceased, depends entirely upon the question as to whether Margaret Craig took by the will a vested or only a contingent remainder. The legal title, for the purposes of the execution of the trust created by the will, was vested in defendant in error George B. Bohling, as trustee'. But it is well settled that there may be vested equitable as well as vested legal interests or remainders, and if Mrs. Craig took a vested equitable interest, then, notwithstanding she died before the death of…
2Cases cited6 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Anderson County Commissioners v. BealSupreme Court of the United States · 1885
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Kellett v. ShepardIllinois Supreme Court · 1891
- Temple v. ScottIllinois Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Northern Trust Co. v. WheatonIllinois Supreme Court · 1911
- De Korwin v. First Nat. Bank of ChicagoDistrict Court, N.D. Illinois · 1949
- Hignett v. ShermanSupreme Court of Colorado · 1924
11 more not listed; retrieve them via the Exa API.