Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Illinois opinions name it 1 courts 1908–1918 0 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Illinois. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bradsby v. Wallace
neutral
2 sentences1916“The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.” (Smith v. Bell, 31 U. S. 68 ; Bradsby v. Wallace, 202 Ill. 239 .)' “All rules of construction yield to the intention of the testator plainly expressed.” (Fifer v. Allen, 228 Ill. 507 .) “Where, upon the inspection of the will and consideration of the relevant facts and circumstances, an intent is apparent, all rules to the contrary must yield,, provided that intent does not offend 1908(Vestal v. Garrett, 197 Ill. 398 ; Meckel v. Johnson, 231 id. 540 .) “The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.’’ (Smith v. Bell, 6 Pet. 68 ; Bradsby v. Wallace, 202 Ill. 239 .) In seeking the intention of the testator as to the construction and interpretation that should be placed upon ambiguous terms or clauses in a will, the relation of the parties, the nature and situation of the subject matter, the purpose of the instru | 4 | 1908–1916 |
Smith T. v. Bell
green
2 sentences1916“The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.” (Smith v. Bell, 31 U. S. 68 ; Bradsby v. Wallace, 202 Ill. 239 .)' “All rules of construction yield to the intention of the testator plainly expressed.” (Fifer v. Allen, 228 Ill. 507 .) “Where, upon the inspection of the will and consideration of the relevant facts and circumstances, an intent is apparent, all rules to the contrary must yield,, provided that intent does not offend 1908(Vestal v. Garrett, 197 Ill. 398 ; Meckel v. Johnson, 231 id. 540 .) “The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.’’ (Smith v. Bell, 6 Pet. 68 ; Bradsby v. Wallace, 202 Ill. 239 .) In seeking the intention of the testator as to the construction and interpretation that should be placed upon ambiguous terms or clauses in a will, the relation of the parties, the nature and situation of the subject matter, the purpose of the instru | 3 | 1908–1916 |
Wardner v. Seventh Day Baptist Memorial Board
neutral
2 sentences1916(Wardner v. Baptist Memorial Boardy 232 Ill. 606 .) In finding this intention courts have laid down another rule which must always be kept in mind: that the intention of the testator must be found from the words employed by him in the will in the light of his circumstances and surroundings, such as the state of his property and his family. 1908(Smith v. Bell, 6 Pet. 68 ; Wardner v. Baptist Memorial Board, 232 Ill. 606 .) This will provides that the son shall have a life estate, with the right to control, manage, sell or exchange the property and-to re-invest the proceeds as he may think best, but he can only use of the proceeds that which is required for his reasonable expenses for living. | 2 | 1908–1916 |
Winter v. Dibble
green
1 sentence1918Counsel for plaintiffs in error argue at some length, with numerous citations of authorities, that the first and great rule in the interpretation of wills is to ascertain the intention of the testator, (Winter v. Dibble, 251 Ill. 200 ; Wardner v. Baptist Memorial Board, 232 id. 606; Bradsby v. Wallace, 202 id. 239;) and that the intention of the testator in this will was according to their contention. | 1 | 1918–1918 |
Wilson v. Wilson
neutral
2 sentences1918(Wilson v. Wilson, 261 Ill. 174 ; Morrison v. Tyler, 266 id. 308 ; Deem v. Northern Trust Co. 266 id. 205 ; Nixon v. Nixon, 268 id. 524.) This intention is to be gathered from a consideration of the whole will and all its parts, (Black v. Jones, supra; McGinnis v. Campbell, 274 Ill. 82 ;) and the various provisions are to be so construed and harmonized, if possible, as to render no word, phrase, clause, sentence or paragraph superfluous or meaningless. 1918(Wilson v. Wilson, 261 Ill. 174 ; Morrison v. Tyler, 266 id. 308 ; Deem v. Northern Trust Co. 266 id. 205 ; Nixon v. Nixon, 268 id. 524.) This intention is to be gathered from a consideration of the whole will and all its parts, (Black v. Jones, supra; McGinnis v. Campbell, 274 Ill. 82 ;) and the various provisions are to be so construed and harmonized, if possible, as to render no word, phrase, clause, sentence or paragraph superfluous or meaningless. | 1 | 1918–1918 |
Black v. Jones
neutral
1 sentence1918(Wilson v. Wilson, 261 Ill. 174 ; Morrison v. Tyler, 266 id. 308 ; Deem v. Northern Trust Co. 266 id. 205 ; Nixon v. Nixon, 268 id. 524.) This intention is to be gathered from a consideration of the whole will and all its parts, (Black v. Jones, supra; McGinnis v. Campbell, 274 Ill. 82 ;) and the various provisions are to be so construed and harmonized, if possible, as to render no word, phrase, clause, sentence or paragraph superfluous or meaningless. | 1 | 1918–1918 |
McGinnis v. Campbell
neutral
1 sentence1918(Wilson v. Wilson, 261 Ill. 174 ; Morrison v. Tyler, 266 id. 308 ; Deem v. Northern Trust Co. 266 id. 205 ; Nixon v. Nixon, 268 id. 524.) This intention is to be gathered from a consideration of the whole will and all its parts, (Black v. Jones, supra; McGinnis v. Campbell, 274 Ill. 82 ;) and the various provisions are to be so construed and harmonized, if possible, as to render no word, phrase, clause, sentence or paragraph superfluous or meaningless. | 1 | 1918–1918 |
Robinson v. . Martin
green
1 sentence1916“The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.” (Smith v. Bell, 31 U. S. 68 ; Bradsby v. Wallace, 202 Ill. 239 .)' “All rules of construction yield to the intention of the testator plainly expressed.” (Fifer v. Allen, 228 Ill. 507 .) “Where, upon the inspection of the will and consideration of the relevant facts and circumstances, an intent is apparent, all rules to the contrary must yield,, provided that intent does not offend | 1 | 1916–1916 |
Webber v. City of Chicago
green
1 sentence1916(Webber v. City of Chicago, 148 Ill. 313 .) The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator as expressed in his will must prevail, provided it be consistent with the rules of law. | 1 | 1916–1916 |
Fifer v. Allen
neutral
1 sentence1916“The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.” (Smith v. Bell, 31 U. S. 68 ; Bradsby v. Wallace, 202 Ill. 239 .)' “All rules of construction yield to the intention of the testator plainly expressed.” (Fifer v. Allen, 228 Ill. 507 .) “Where, upon the inspection of the will and consideration of the relevant facts and circumstances, an intent is apparent, all rules to the contrary must yield,, provided that intent does not offend | 1 | 1916–1916 |
Vestal v. Garrett
green
2 sentences1908(Vestal v. Garrett, 197 Ill. 398 ; Meckel v. Johnson, 231 id. 540 .) “The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.’’ (Smith v. Bell, 6 Pet. 68 ; Bradsby v. Wallace, 202 Ill. 239 .) In seeking the intention of the testator as to the construction and interpretation that should be placed upon ambiguous terms or clauses in a will, the relation of the parties, the nature and situation of the subject matter, the purpose of the instru 1908(Vestal v. Garrett, 197 Ill. 398 ; Meckel v. Johnson, 231 id. 540 .) “The first and great rule in the exposition of wills, to which all other rules must bend, is, that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.’’ (Smith v. Bell, 6 Pet. 68 ; Bradsby v. Wallace, 202 Ill. 239 .) In seeking the intention of the testator as to the construction and interpretation that should be placed upon ambiguous terms or clauses in a will, the relation of the parties, the nature and situation of the subject matter, the purpose of the instru | 1 | 1908–1908 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.