[Download] "Donovan v. Holzman" by Supreme Court of Illinois * eBook PDF Kindle ePub Free

by Geraldine Jarvis August 02, 2021 Post a Comment

eBook details

Title: Donovan v. Holzman
Author : Supreme Court of Illinois
Release Date : January 28, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

This case involves a suit by the residuary devisees to have certain provisions of the will of Mary Weir Deatherage construed. It is the plaintiffs contention that the will as written is clear and unambiguous and that no extrinsic evidence as to the testatrixs intent is, therefore, admissible. The defendant, William Leafgreen, on the other hand, contends by counterclaim that certain language in the will is ambiguous and that the admission of extrinsic evidence, the nature of which is hereinafter set forth, establishes the existence, at the death of the testatrix, of an option on his part to purchase certain real estate. The counterclaim herein discloses that this alleged option was exercised by the appellant and that he tendered the purchase price specified in the will to the testamentary trustee. The circuit court of Knox County, on plaintiffs motion, entered a decree dismissing the counterclaim for want of equity and refused to allow the filing of an amended counterclaim. This order provided that as to those issues decided by the dismissal there was no reason for delaying its enforcement or an appeal therefrom. The title to a freehold is so put in issue by the pleadings that the determination of the case Page 408 necessarily involves a decision with respect to the ownership of the property in question and this court has jurisdiction of this appeal. Ashton v. Macqueen, 361 Ill. 132; Bromberg v. Kulp, 398 Ill. 449; Sandra Frocks, Inc. v. Ziff, 397 Ill. 497; Schiro v. Gould & Co. 18 Ill.2d 538.