Burnett v. Lester

Citations

• 53 Ill. 325

Syllabus

<p>1. Pleading in chancery—multifariousness. One of the heirs of an estate filed a bill in chancery, in which it was alleged the widow had possession of all the moneys and credits belonging to the estate,in which she had only a life interest, and asking that she might be required to give security for the payment to complainant of her proper share of that fund. The bill also made the other heirs parties, and as against them, partition of certain lands of the- estate was sought, and an injunction was asked against the executor to restrain him from cutting the timber upon the land: Held, these several subjects were distinct in their nature, and a bill in which they are embraced is multifarious.</p> <p>2. Wills—life estate in personal property. A will provided as follows:</p> <p>“I give and bequeath all of the rents and profits in my farm that I now own, in the town, county and State aforesaid, to my wife, Deliverance R. Lester, and also all my personal property, consisting of live stock, and also the interest on all moneys and credits due me at my death, so long as she remains my widow, except hereafter devised; and after her death or marriage, I wish the property and real estate to be equally divided between my children,” etc. Held, this was not an absolute .gift of the personalty to the widow, but was intended as a bequest to her to be enjoyed during her life or widowhood, having reference as well to the live stock, moneys and credits, as to the use of the farm. They were not of that perishable character which forbade a life estate being created in them.</p> <p>3. An exception to the rule that there may be a life estate in chattels, which are not of a perishable nature, and a limitation over, is in case of a bequest of specific things, as corn, hay and fruits, of which the use consists in the consumption. The gift of such articles for life, is, in most cases, of necessity, a gift of the absolute property, for the usé and the property cannot exist separately.</p> <p>4