Bergan v. Cahill

Citations

• 55 Ill. 160

Syllabus

<p>1. Will—construction—whether an estate in fee or for life. A will pro Tided as follows: “ First, I give, devise and bequeath to my beloved wife, Johannah Morris, all my real estate and personal property; also one cow. All, without reserve, I give unto my beloved wife.</p> <p>“N. B. In case my wife is not supported by her children, so as it may be necessary for her bodily comfort, I give her power to sell and dispose of any or either of the two lots which I now possess and own in Underhill’s addition to the city of Peoria. Also, I hereby declare it my wish that after my wife’s decease, whatever property, real or personal, of which she may be possessed, or which she may own at the time of her decease, shall be devised and bequeathed to my faithful son, Martin, providing that he pays over unto my daughter, Julia, one hundred dollars, or an equivalentHeld', the intention of the testator was to give to the widow a life estate only, and upon her death the fee to the son, subject to the legacy to the daughter.</p> <p>2. The gift of an estate of inheritance in lands may be restricted by subsequent words. So while the first clause of the will, unrestricted by other words, would give to the widow a fee simple estate, the subsequent words manifest a different intention and are equivalent to a devise of the property to the son, after the death of the wife.</p> <p>3. A will should not be rendered void by mere repugnance, but effect should be given to its several parts so as to render no component part inoperative. The intention must be gathered from the entire instrument.</p>