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6 Illinois opinions name it 1 courts 1981–2002 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 |
|---|---|---|
Britt v. American National Bank & Trust Co.green2 sentences2002However, "[a]n intent to preclude application of the burden on the residue rule must be found in the words of the will itself and not in what is presumed to exist in the mind of the testator.” Britt, 112 Ill. 2002However, "[a]n intent to preclude application of the burden on the residue rule must be found in the words of the will itself and not in what is presumed to exist in the mind of the testator." Britt , 112 Ill. | 1 | 2 |
In Re Estate of Phillipsgreen2 sentences2002The courts of this state have consistently applied the burden on the residue rule ( In re Estate of Maddux, 93 Ill.App.3d 435 , 48 Ill.Dec. 864 , 417 N.E.2d 266 (1981)) and "this court has expressed the belief that Illinois lawyers have long relied on this rule and that `countless wills have been drafted on this assumption'" ( Haberl, 142 Ill.App.3d at 155 , 96 Ill.Dec. 630 , 491 N.E.2d at 911 , quoting In re Estate of Phillips, 1 Ill.App.3d 813, 815 , 275 N.E.2d 685, 687 (1971)). 2002The courts of this state have consistently applied the burden on the residue rule ( In re Estate of Maddux, 93 Ill.App.3d 435 , 48 Ill.Dec. 864 , 417 N.E.2d 266 (1981)) and "this court has expressed the belief that Illinois lawyers have long relied on this rule and that `countless wills have been drafted on this assumption'" ( Haberl, 142 Ill.App.3d at 155 , 96 Ill.Dec. 630 , 491 N.E.2d at 911 , quoting In re Estate of Phillips, 1 Ill.App.3d 813, 815 , 275 N.E.2d 685, 687 (1971)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
St. Joseph's Clinton County Hospital, Inc. v. Kampwerth
neutral
2 sentences2002The courts of this state have consistently applied the burden on the residue rule (In re Estate of Maddux, 93 Ill. 2002The courts of this state have consistently applied the burden on the residue rule ( In re Estate of Maddux , 93 Ill. | 5 | 1983–2002 |
In Re Estate of Gowling
green
2 sentences1983(In re Estate of Gowling (1980), 82 Ill. 2d 15, 22-24 , 411 N.E.2d 266 .) An intent to preclude application of the burden on the residue rule must be found in the words of the will itself and not in what is presumed to exist in the mind of the testator. 1983(In re Estate of Gowling (1980), 82 Ill. 2d 15, 22-24 , 411 N.E.2d 266 .) An intent to preclude application of the burden on the residue rule must be found in the words of the will itself and not in what is presumed to exist in the mind of the testator. | 3 | 1983–2002 |
Prosser v. Gowling
green
2 sentences2002In re Estate of Gowling, 77 Ill. 1983App.3d 548 , 396 N.E.2d 82 , aff'd (1980), 82 Ill.2d 15 , 411 N.E.2d 266 . • 4 Appellees argue further that the burden on the residue rule exonerates only specific bequests and not general bequests. | 3 | 1983–2002 |
Haberl v. County of Monroe
green
2 sentences2002The courts of this state have consistently applied the burden on the residue rule ( In re Estate of Maddux, 93 Ill.App.3d 435 , 48 Ill.Dec. 864 , 417 N.E.2d 266 (1981)) and "this court has expressed the belief that Illinois lawyers have long relied on this rule and that `countless wills have been drafted on this assumption'" ( Haberl, 142 Ill.App.3d at 155 , 96 Ill.Dec. 630 , 491 N.E.2d at 911 , quoting In re Estate of Phillips, 1 Ill.App.3d 813, 815 , 275 N.E.2d 685, 687 (1971)). 2002The courts of this state have consistently applied the burden on the residue rule ( In re Estate of Maddux, 93 Ill.App.3d 435 , 48 Ill.Dec. 864 , 417 N.E.2d 266 (1981)) and "this court has expressed the belief that Illinois lawyers have long relied on this rule and that `countless wills have been drafted on this assumption'" ( Haberl, 142 Ill.App.3d at 155 , 96 Ill.Dec. 630 , 491 N.E.2d at 911 , quoting In re Estate of Phillips, 1 Ill.App.3d 813, 815 , 275 N.E.2d 685, 687 (1971)). | 2 | 2002–2002 |
Molner v. Silbert
green
1 sentence1983App.2d 388 , 396, 132 N.E.2d 36 .) We note in this regard that there is a presumption that the testator intended to provide for the widow's interest. ( In re Estate of Gowling (1980), 82 Ill.2d 15 , 22-24, 411 N.E.2d 266 .) An intent to preclude application of the burden on the residue rule must be found in the words of the will itself and not in what is presumed to exist in the mind of the testator. | 1 | 1983–1983 |
Moody Bible Institute v. Pettibone
neutral
1 sentence1981(Moody Bible Institute v. Pettibone (1937), 289 Ill. | 1 | 1981–1981 |