Cheney v. Teese

Citations

• 108 Ill. 473
• 1884 Ill. LEXIS 1505

Syllabus

<p>1. Wm&—devise to two daughters construed. Under a devise of lands to the testator’s grandchildren born of the bodies of his two daughters, whatever number they may be, share and share alike, to take possession only after the death of his said two daughters, of which the latter should have full use and enjoyment during their natural lives, it was held, that the right to possession in the grandchildren was at the same moment that the right in the two daughters should cease, which was at the death of both daughters, and that they both took the full use of the lands from the death of the testator until the death of the surviving daughter, without the right of survivorship, and that upon the death of one of the daughters her interest did not pass to the other, but passed to her heirs, or in case of a will, to her devisees, until the death of the other daughter, in the absence of express words in the will creating in them a joint tenancy.</p> <p>2. Same—whether joint tenancy created by a devise of a life estate. Under the statutes of this State relating to joint tenancies, and providing against survivorship, on the death of one joint tenant before partition, unless expressly created, a devise to grandchildren born of the testator’s two daughters, to take effect only upon the death of the two daughters, who were to have the possession and enjoyment of the estate during their natural lives, creates a life estate in the two daughters until the death of both, as tenants in common, from the testator’s death, without any right of survivorship, and on the death of one of the daughters the estate devised to her does not terminate, but survives in favor of her grantees, heirs or devisees, whether any partition has been made or not.</p> <p>3. In such case the clause postponing the remainder to the death of both daughters does not change the result, as the heir or devisee of the daughter dying first, in such case, does not take under the grandfather’s will, but under the Statute