(Download) "Lord v. Hubert" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Lord v. Hubert
- Author : Supreme Court of Illinois
- Release Date : January 20, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an action originally filed in the circuit court of McLean County by Clair Max Lord but thereafter prosecuted by his
newly-appointed conservator, Robert C. Summers, the present appellant, to again partition certain farm lands in McLean County
which had been previously conveyed by partition sale to Frank R. Hubert, the present appellee. Lord took the position that
although his interest antedated the initial partition suit, he was not a party to that litigation, and any interest which
he had in the property at that time could not have been extinguished by those proceedings. After hearing was had before a
master in chancery, the circuit court found that Lord was bound by the prior partition action and dismissed the pending complaint.
A freehold being involved, direct appeal has been taken to this court. The premises in question, comprising some 141 acres, was owned by Eleanor Barto at the time of her death in 1936, and by
the terms of her will was devised to her executor with instructions to convert the property into cash within two years after
decedent's death and divide the proceeds thereof into three equal parts: one part to be given in fee simple to each of her
two children, Maymie M. Skaggs and Emery M. Lord, and the third part to be held in trust for the benefit of another son, Guy
B. Lord, during his lifetime. It was also provided that any attempt by the said Guy B. Lord to assign his interest therein
would cause a forfeiture of the trust fund and that, in the absence of forfeiture, upon his death the remaining trust corpus
should be divided with one fourth being paid to testatrix's daughter or her descendants, one fourth to Emery Lord or his descendants,
and the remaining one-half to the descendants of Guy B. Lord then surviving. In the event the said Maymie Skaggs or Emery
Lord predeceased the testatrix leaving no descendants surviving, the share which they would otherwise have taken was to be
divided among testatrix's surviving descendants.
 "Lord v. Hubert" by Supreme Court of Illinois # Book PDF Kindle ePub Free){kind=link}