Crerar v. Williams

Citations

• 145 Ill. 625
• 21 L.R.A. 454

Syllabus

<p>1. Chancery Practice — overruling a demurrer to bill for proof of facts not alleged. A defendant in a bill can not complain that a demurrer to the bill was not overruled in order to allow him to make proof of facts not alleged in the bill. A demurrer admits only such facts as are well pleaded.</p> <p>2. Wills—devise,whether of real or personal estate. Where the fourth clause of a will consisting of fifty-two clauses or paragraphs requires the executor to convert the entire estate (except a few articles) into cash, and the legacies throughout the will are of personal property, the will must be construed as a devise of personal property only.</p> <p>3. Same—conversion of land into cash. Where the conversion of the property into money directed by the testator, is not for the payment of the residuary bequest only, but for the payment of all the bequests, the purpose of the conversion will not be accomplished until, at least, the legacies admitted to be valid are paid.</p> <p>4. Same—void and lapsed legacies fall into residuary devise. It is the well settled rule that all lapsed or void gifts of personal property fall into a general residuary bequest, instead of being treated as intestate estate descending to the heir-at-law, unless a contrary intention on the part of the testator clearly appears. The law raises a presumption in favor of the residuary legatee against every one except the particular legatee.</p> <p>5. Same—statute relating to descents construed. Section 12, of chap. 39, R. S., entitled “Descent,” which provides that “all such estate, both real and personal, as is not devised or bequeathed in the last will and testament of any person, shall be distributed in the same manner as the estate of an intestate,” does not conflict with the rule above stated. The statute has no application to testate estates.</p> <p>6. If, by the law governing the construction of wills, property is testate estate, the statute of descent has nothing to do with its distribution—it