Ahlfield v. Curtis

• Decision Date: 23 October 1907
• Parties: AHLFIELD et al. v. CURTIS et al.
• Court: Illinois Supreme Court

229 Ill. 139

82 N.E. 276

AHLFIELD et al.

v.CURTIS et al.

Supreme Court of Illinois.

Oct. 23, 1907.

Error to Circuit Court, Edwards County; J. R. Creighton, Judge.

Bill by Frank Curtis and another against Samuel Ahlfield and others, for the sale of certain lands and the distribution of the proceeds. From a decree in favor of complainants, defendants bring error. Affirmed.I. W. Ibbotson and H. J. Strawn, for plaintiffs in error.

Carroll C. Boggs and J. M. Campbell, for defendants in error.

Hannah Ryan, a widow, was the owner of certain real estate situated in Edwards county, Ill. On October 4, 1904, she executed her last will and testament, which is as follows:

‘In the name of God, Amen. I, Hannah Ryan, of Black, in the county of Edwards and State of Illinois, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain and publish and declare this to be my last will and testament.

‘First. I order and desire that my executor hereinafter named pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

‘Second. After the payment of such funeral expenses and debts, I give, devise and bequeath to my daughter, Anna M. Ryan, all my real estate, then to her heirs, described: East half, south-east quarter of section (5) five, and the east half north-east quarter of section (5) five, all in township one (1) south, range (10) east, containing 106 49/100 acres, in Edwards county, Illinois, more or less. If my daughter should die leaving no heirs of her own, then I wish the real estate to be sold and the money divided into two equal parts, and one part to go to Minnie E. Ryan and Mary E. Ryan, daughters of my former husband, the other half to go to my brothers, Frank and John Curtis. Both sets of heirs shall have the right to buy the others out.

‘Thirdly. It is my wish that my daughter shall give my mother a comfortable living during her natural life and that she shall have the use of one room in the house downstairs. The land shall not be sold during the lifetime of my mother, Mahala Curtis. The reason that I do not give to the other heirs on my side of the house is that they got their share by my father taking them to raise.

‘Lastly, I make, constitute and appoint my daughter, Anna M. Ryan, to be executor of this my last will and testament, hereby revoking all former wills by me made.

‘In witness whereof I have hereunto subscribed by name and affixed my seal the fourth day of October, in the year of our Lord one thousand nine hundred and four.’

The will was properly executed and duly attested. The testatrix was the mother of one child, Anna M. Ryan, the devisee, then about 17 years of age, who was unmarried and lived with her mother. The testatrix died January 10, 1905, leaving Anna M. Ryan surviving her. The will was admitted to probate March 6, 1905, and Anna M. Ryan was appointed executrix. On April 5, 1905, Anna M. Ryan married Samuel Ahlfield, one of the plaintiffs in error, and she died intestate March 1, 1906, leaving surviving her no children or descendants of children. Mahala Curtis, one of the beneficiaries under the will, died October 15, 1906. John Curtis and Frank Curtis are brothers of the testatrix, and Minnie E. Ryan (now Drummet) and Mary E. Ryan (now Carminke) are the daughters of a former husband of the testatrix and are half sisters of Anna M. Ahlfield (née Ryan), deceased. Clarence Walter, one of the plaintiffs in error, is the son and only heir at law of a deceased sister of Anna M. Ahlfield (née Ryan). John Curtis and Frank Curtis, two of the parties named in the last will and testament of Hannah Ryan, filed a bill in chancery in the Edwards county circuit court, at the November term, 1906, praying that the lands described in the will be sold and the proceeds distributed among John Curtis, Frank Curtis, Minnie E. Drummet (née Ryan), and Mary Carminke (née Ryan). Samuel Ahlfield and Clarence Walter were made parties defendant to the bill. The bill alleges that plaintiffs in error claimed some interest in the land devised by the will, but that, as a matter of fact, they had no interest in or title to the land. At the April term, 1907, of the circuit court plaintiffs in error filed their special demurrer to the bill, alleging therein that by the terms of the will of Hannah Ryan, John Curtis, and Frank Curtis derived no interest in the land devised. The demurrer was overruled by the court, and plaintiffs in error elected to stand by their demurrer. The bill was therefore taken pro confesso against them, and a decree entered directing a sale of the land devised and a division of the proceeds among the defendants in error. Plaintiffs in error excepted to the ruling of the...