requisites claim in Illinois

1924(Baker v. Scott, supra.) No doubt the grantor has made it plain that he intended that the heirs should take by purchase from him and not by descent from the life tenant under the rule in Shelley’s case, but this rule is a rule of law, whose operation is independent of the intention of the grantor when the requisites of the rule exist, and cannot be evaded however distinctly the intention to evade it appears. ¡I It is contended that because the deed directs the trustees to pay over to Emily A. Emery, during her life, the rents, issues and profits for her sole and separate use, free from the deb

1872The terms used fulfill all the requisites of the rule in that celebrated case, as we have said in the case of Baker v. Scott, 62 Ill. 86 , wherein we went into a full discussion of that rule as a part of the common law, and applicable to this State as a rule of property.

1989Ed. 2d 674 , 104 S. Ct. 2052 , the Supreme Court established the requisites for a claim of ineffective assistance of counsel.

1989The State maintains that where the strategy of the defendant and his attorney was to proceed by way of a bench trial which consisted largely of stipulated evidence and which was designed to preserve defendant's pretrial motions and to spare him the death penalty, the defendant was not denied effective assistance of counsel. • 1 In Strickland v. Washington (1984), 466 U.S. 668 , 80 L.Ed.2d 674 , 104 S.Ct. 2052 , the Supreme Court established the requisites for a claim of ineffective assistance of counsel.

2017Boyar II, 2013 IL 113655, ¶¶ 36-39 . ¶ 43 We decline to decide whether to follow Boyar I’s holding that the doctrine of election applies to trusts.

2017“Properly understood, the doctrine of election is triggered in the context of wills only when there are two different benefits to which a person is entitled, the testator did not intend the beneficiary to take both benefits, and allowing the beneficiary to claim both would be inequitable to others having claims upon the same property or fund.” Id.

2010Pekin "had failed to establish the requisites of the doctrine of cancellation by substitution." Copley, 111 Ill. 2d at 79 .

2010Pekin “had failed to establish the requisites of the doctrine of cancellation by substitution.” Copley, 111 Ill. 2d at 79 .

1942People v. Emery, supra. We believe the decree presents a correct construction of the fourth clause of the will in this case.

1928In People v. Emery, supra, the court expressly said that there was no doubt that the grantor had made it plain that he intended that the heirs should take by purchase from him and not by descent from the life tenant under the rule in Shelley’s case; that the rule in Shelley’s case was a rule of law whose operation was independent 'of the intention of the grantor when the requisites of the rule existed; that the rule could not be evaded, however distinctly the intention to evade might appear.

1989To prevail, a *309 defendant must show: (1) counsel's representation fell below an objective standard of reasonableness; and (2) that deficiencies prejudiced the defendant thereby depriving him of a fair trial, and but for such deficiencies the result of the proceedings would have been different. ( Strickland, 466 U.S. at 687 , 80 L.Ed.2d at 693 , 104 S.Ct. at 2064 .) "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Stric

1989To prevail, a *309 defendant must show: (1) counsel's representation fell below an objective standard of reasonableness; and (2) that deficiencies prejudiced the defendant thereby depriving him of a fair trial, and but for such deficiencies the result of the proceedings would have been different. ( Strickland, 466 U.S. at 687 , 80 L.Ed.2d at 693 , 104 S.Ct. at 2064 .) "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Stric

1971In People v. Williams, 1965, 56 Ill.App.2d 159 , 205 N.E.2d 749 , cited by defendant, this court considered the requisites of the defense of exoneration (Ill.

1971In People v. Williams, 1965, 56 Ill.App.2d 159 , 205 N.E.2d 749 , cited by defendant, this court considered the requisites of the defense of exoneration (Ill.

1934(Bails v. Davis, supra; Lord v. Comstock, 240 Ill. 492 ; Baker v. Scott, supra.) It seems to me clear that this conveyance fully meets all of these requisites.

1934(Bails v. Davis, supra; Lord v. Comstock, 240 Ill. 492 ; Baker v. Scott, supra.) It seems to me clear that this conveyance fully meets all of these requisites.