[DOWNLOAD] "Carr v. Hermann" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Carr v. Hermann
- Author : Supreme Court of Illinois
- Release Date : January 22, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A complaint for partition of a 183-acre farm was filed in the circuit court of St. Clair County by the plaintiff, Melvin J.
Carr, who claimed a 1/21st interest therein as executory devisee under the will of Peter Hermann, deceased, and some 35 parties,
including the executors of the William Hermann estate, the St. Paul's Evangelical Church of Freeport, and other descendants
and devisees of Peter Hermann, were named as defendants. Certain of these parties filed a motion to dismiss the complaint
on the ground that by its own allegations it showed plaintiff had no interest in the property, and upon hearing the lower
court sustained the motion and dismissed the complaint. Upon direct appeal the sole question presented is whether plaintiff
has such an interest as would warrant his instituting the present suit. The complaint alleged that by a will executed in 1881, the said Peter Hermann provided for the division of his property among
his eleven children so that upon the testator's death each would receive either cash or land worth $5,400, and as a part of
this testamentary plan, one of such children, namely William Hermann, was given the 183 acres now in question (which was then
valued by the testator at $6,400) upon condition that he pay $1,000 to his father's estate in order to equalize the shares.
In 1903 a codicil was attached to this will which read as follows: