Bowen v. Allen

Citations

• 113 Ill. 53
• 1885 Ill. LEXIS 664

Syllabus

<p>1. Former adjudication—as to the conelusiveness of prohale of will. The judgment of the circuit court, on appeal, admitting a will to probate, and ordering a description which had been altered to be restored to the original number, until reversed or otherwise impeached, or set aside in a direct proceeding, is conclusive on all persons and in'all courts. Such probate is conclusive of the validity of the will, and of any question of fraud, until reversed or otherwise legally vacated. So if the testatrix married after publishing her will, its probate after her death is conclusive that the marriage did not revoke the same.</p> <p>. 2. Description of land in a will or deed—rejecting contradictory or useless words. Where, from the entire description of land in a deed or will, there is ambiguity and doubt as to the identity of the property, the courts hold that any contradictory or useless portion of the description may be disregarded, so as to render the description certain and complete.</p> <p>3. Same—when a general description will prevail over a more specific one. If the property devised in a will he described as the testator’s house and lot in the town of P., Illinois, it will be sufficient upon showing that the testator in fact had a house and lot in such town; but when the will goes further, and gives a more specific description, as, “known and described as follows: the north two-thirds part of lot No. 19, block No. 10,. railroad addition to the town of P., Illinois, ” if the testator had a house and lot on block 19 it will pass, and the more specific description must control. If, however, it is shown that the testator never owned any house, or part of lot, on lot 19, but did own the north two-thirds of lot 12, in the same block, upon which there was a house, and owned no other house and lot in the town, then the general description will prevail, and the more specific one will be rejected. But in the absence of proof that the testator, at the time of making the w