{
  "id": 2909254,
  "name": "Virginia Dreyfuss, Appellee, v. William Freud et al., Appellants",
  "name_abbreviation": "Dreyfuss v. Freud",
  "decision_date": "1914-11-10",
  "docket_number": "Gen. No. 19,922",
  "first_page": "417",
  "last_page": "418",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 417"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.577,
    "pagerank": {
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    "sha256": "aff05a2b097a15bb9687c24060b2986bc46cd97a0a9c0dbe42775ad18cc24e3e",
    "simhash": "1:8d7b65f4bc218561",
    "word_count": 621
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  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Virginia Dreyfuss, Appellee, v. William Freud et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Frank & Lurie, for appellants.",
      "Hoyne, O\u2019Connor & Irwin, for appellee."
    ],
    "corrections": "",
    "head_matter": "Virginia Dreyfuss, Appellee, v. William Freud et al., Appellants.\nGen. No. 19,922.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed November 10, 1914.\nStatement of the Case.\nAction by Virginia Dreyfuss, complainant, against William Freud and others, defendants, resulted in a decree declaring a pecuniary legacy to complainant to be a lien on the testatrix\u2019s real estate, and allowing interest thereon.\nIn the first clause of the will in question the testatrix directed that her debts should be paid out of the proceeds of her estate hereinafter named, which was thereafter referred to in the clause making the bequest, which read as follows:\n\u201cThird, I give, devise and bequeath to my children, William Freud, Mrs. Bertha Lapiner, the wife of Alvin E. Lapiner, Joseph Freud and Bessie Freud, in equal parts, all my estate, both real and personal, that I may die seized and possessed of at the time of my death, less the sum of two thousand dollars ($2,000), which I hereby give and bequeath to my sister Miss Virginia Dreyfuss, which said sum of $2,000 shall be deducted first out of my estate and the residue shall be divided in equal parts between my children above named, share and share alike.\u201d\n\u2022 Defendants contended that the legacy abated, as the testatrix did not leave enough personal property to pay the debts, costs and expenses of administration and the legacy. From the decree in favor of the complainant, defendants appeal.\nAbstract of the Decision.\n1. Wills, \u00a7 476 \u2014when legacy charged on real estate. A charge of a legacy upon real estate may he made by a testator, either by express directions to such effect contained in a will, or the intention thus to charge may be implied from the whole will taken together.\n2. Wills, \u00a7 479 \u2014when language sufficient to charge real estate with legacy. Where the testatrix gave her entire estate, both real and personal, to her children, less a- certain sum bequeathed to complainant, which she expressly directed should be deducted first out of her estate and the residue to be divided in equal parts between her children, it was the intent of the testatrix to charge her real estate as well as her personal property with the payment of the legacy to complainant.\n3. Wills, \u00a7 480 \u2014when extrinsic evidence inadmissible. Where evidence was offered to show that at the time of the execution of a will, and for some time thereafter, the testatrix was the owner of personal property in excess of the amount necessary to pay her debts and a legacy in question, it was properly rejected as the intention to charge real estate with the payment of the legacy could be clearly gathered from the will itself.\n4. Wills, \u00a7 441 \u2014when a legacy begins to draw interest. A general pecuniary legacy draws interest from the time it is due and payable, which, when not fixed by the terms of the will, is one year .after the testator\u2019s death.\n5. Wills, \u00a7 441 \u2014payment of legacy. Where the personal estate was insufficient to pay a legacy, the residuary devisees and legatees took real estate burdened therewith and were liable for the interest on the legacy.\n6. \"Costs, \u00a7 67 \u2014when statutory damages will not be added. Where an appeal has not been taken for delay, statutory damages will not be added.\nFrank & Lurie, for appellants.\nHoyne, O\u2019Connor & Irwin, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0417-01",
  "first_page_order": 443,
  "last_page_order": 444
}