Bates v. Gillett

Citations

• 132 Ill. 287
• 24 N.E. 611

Syllabus

<p>1. Wills—rule of construction. In the construction of a will it will be presumed that the testator intended to use the words employed in their ordinary meaning and signification, and no word or phrase should be disregarded, or rejected as meaningless, unless it is so far unintelligible or repugnant to other and controlling portions of the will that no effect can be given thereto.</p> <p>2. Same—contingent remainder—in what it consists. The general rule is, that a remainder is contingent if the persons who are to take are not in esse, or are not definitely ascertained. Among contingent remainders are those in which both the title and possession are postponed until the happening of some uncertain event, or when it is to vest upon an event certain in dubious or uncertain persons.</p> <p>3. Same—vesting of remainder—at what time—whether before, or not until after, the ending of intermediate estate. A testator devised his land to his three children, equally, for their lives, and then provided, that “after the death of either of them, their share to be equally divided amongst their children or their descendants, giving to the descendants of each child one share.” He then devised to his son (one of the three children) one-third in fee, after which he stated his intention was, that his estate “be equally divided amongst all the children I may leave— the personal estate in fee simple, and the real estate, to the boys in fee simple, and to the girls for life, and the remainder to their children and descendants.” After the death of the testator one of his daughters married, and one child was born of her which lived but a few hours. She afterward had three sons born, when she died: Held, that the remainder going to the children of this married daughter did not vest in interest until her death, and that her three sons then took the entire remainder in fee.</p> <p>4. It is undoubtedly the rule, that when a testator speaks of the devise over taking effect “after” or “upon the d