Cassem v. Kennedy

Citations

• 147 Ill. 660
• 35 N.E. 738

Syllabus

<p>1. Wills—rule of construction. In construing a will, all the language used by the testator in making it must be considered, and his intention thereby ascertained, if it can be done. When thus ascertained that intention will be carried out, if it can be done without violating some established rule of law or public policy.</p> <p>2. Same—devise construed, as depending on a condition. The owner of certain property devised a house and lot to her son, and then stated that as he was wild, unsettled and irregular in his habits, it was her will and desire that he should not enjoy the benefit of the devise until “he settles down in life and got married, or until he arrives at the age of forty years.” In case he got injured, she stated that he should then, receive the rents and profits, only, and that- if he settled down and was married, and became steady in his habits, then the title was to go to him in fee, and that if he remained single until he attained the age of forty years, then the title was to be in fee simple. She then provided, that before the title should pass in any event, she willed and desired that he should appear before the county judge and show to the judge’s satisfaction that he was a reformed man or that he was over the age of forty years, and that if satisfactory evidence was shown to the judge, then she desired that the judge should make a minute of it, so that the title would pass: Held, that the gift was upon conditions which were not void for uncertainty, and that the devise was not intended to take effect immediately.</p> <p>3. Same—reasonableness of condition to a devise. The requirement in a will that before the title to property devised shall pass in any event, the devisee shall appear before the county judge and satisfy him that he is a reformed man or that he is over forty years of age, is not void for uncertainty, nor is there anything illegal or unreasonable in it.</p> <p>4. Estate—on condition precedent. An estate which depends upon a cond