Cagney v. O'Brien

Citations

• 83 Ill. 72

Syllabus

<p>1. Will—whether a bequest ts a specific legacy. Where a testator gives and bequeaths to his executors the sum of §500, “ to be used and disposed of by them according to verbal instructions given them by ” the testator, the bequest can not be held to be a specific legacy against the express words declaring a trust.</p> <p>/^~2. Parol evidence—to explain trust evented by will. Where a bequest is made in a will, to executors, of a sum of money to be used and disposed of by them according to verbal instructions given them, parol evidence is \\ admissible to show what -those instructions were, and to show performance.</p> <p>' 3. Administration—-judgment on accounting. On a final account by executors, the court has no authority, on disallowing a credit claimed, to render judgment against the executors in favor of the residuary legatees, who are not parties to the proceeding.</p>