Lewis v. Harrower

• Decision Date: 19 June 1902
• Citation: 64 N.E. 374,197 Ill. 315
• Parties: LEWIS et al. v. HARROWER et al.
• Court: Illinois Supreme Court

197 Ill. 315

64 N.E. 374

LEWIS et al.

v.HARROWER et al.

Supreme Court of Illinois.

June 19, 1902.

Appeal from superior court, Cook county; Philip Stein, Judge.

Suit by John F. Lewis and another against Frank Harrower and others for the construction of a will. From the decree rendered, complainants appeal. Affirmed.

Barnes, Barnes & Wulff, for appellants.

James Frake, for appellees.

HAND, J.

This is a bill in equity, brought in the superior court of Cook county by the appellants for the purpose of obtaining a construction of the will of Ida M. Lewis, deceased, and of the powers of the trustee mentioned therein, which will bears date October 11, 1899, was admitted to probate November 14, 1899, and in part is as follows: ‘I direct that all the remainder of my property, of whatsoever character, shall be held in trust by my cousin, Frank Harrower, who is at this date in the employ of James Frake, my attorney. Further, I hereby appoint and make my above said cousin, Frank Harrower, trustee, to hold and administer my estate for my two brothers, John E. Lewis and Charles A. Lewis. Further, I direct that the above said trustee, Frank Harrower, shall pay all of the net income that shall accrue from time to time from interest, rents, or sales, as often as every three (3) months, or as soon as the net balance can be correctly ascertained, in the following proportions, to wit, to my brother John E. Lewis five-eighths (5/8), and to my brother Charles A. Lewis three-eighths (3/8).’ On October 12, 1899, Ida M. Lewis died, leaving her surviving the complainants, her brothers, and Harry E. Grant, a nephew (a son of a deceased sister), as her sole and only heirs at law. Charles J. Lewis was appointed administrator cum testamento annexo of her estate, which consisted of about $3,000 in personalty and some real estate situated in Chicago. John E. Lewis, one of the complainants, is an invalid, and Charles A. Lewis, the other complainant, is a spendthrift.

It was contended in the court below, and such contention is renewed here, that John E. and Charles A. Lewis took the entire estate absolutely, subject only to the payment of a legacy of $300 to John H. Roseboom, the debts, and the costs of administration; while the appellee contend that John E. and Charles A. Lewis took only a life estate therein, and that the remainder is intestate estate, and passes by the laws of descent to the heirs of the testatrix. The superior court, upon a hearing upon bill, answer, replication, and evidence taken in open court, entered a decree ordering the administrator, upon the settlement of the estate, to turn over the personal property remaining in his...