Blanchard v. Maynard

Citations

• 103 Ill. 60
• 1882 Ill. LEXIS 145

Syllabus

<p>1. Will—time when title vests in beneficiaries. A testator devised all his estate, real, personal and mixed, to two persons, in trust, to take care of and manage the same, declaring the trust should continue for ten years after his death, and no longer, and then provided: “It is my will that at the expiration of the trust hereinbefore declared, that is to say, at the end of ten years after my decease, all of my said estate then remaining, and the income thereof, shall be distributed and vest in my three sons,” naming them, “and their heirs, and I do hereby give, devise and bequeath the same to them; but in case that either of my said three sons should die leaving no issue of their bodies, then I give, devise and bequeath my estate to the survivor of them:” Held, that no title under the will was intended to be vested in either of the testator’s sons until ten years after his death, and that the widow of one of the sons who died before that time leaving no issue of his body, took no estate as heir of her husband, or dower as his widow, in the testator’s real estate.</p> <p>2. Same—construction—intent as gathered from will alone governs. In construing wills the intention of the testator must govern when ascertained, and this intention must be sought for in the language of the will itself, without the aid of extraneous evidence.</p>