Daly v. Wilkie

Citations

• 111 Ill. 382

Syllabus

<p>1. Will — devise construed, as passing fee subject to a charge. A devise as follows: “I will and bequeath unto my son, G. D., all the following described real estate, to-wit: lot No. 5,” etc., “to have and to hold the same to him and his heirs forever, subject, however, to the terms and conditions herein limited, that is to say, that he shall, within the term of seven years after my death, pay to my daughter, B. D., the sum of five hundred-, for and account of the above devise and bequest, ”■ — was held to pass the title to the lot absolutely to the son, but that the subsequent clause created a charge upon the same for the payment of a certain sum of money to his sister, B. D., there being no dispute but that $500 was the sum intended.</p> <p>2. Same — devise and bequest construed, as creating a charge or gift— indemnity before paying legacy. A testator devised a lot to his son, George, subject to a charge of $500, which he was to pay to his sister, Bridget, within seven years, and also made bequests of property or money, and then provided: “I further direct that my said children, Mary Ann, Rosey, George and Bridget, shall, after my death, pay to my wife, Mary Daly, or upon her account, $15 per month during her natural life, said last mentioned amount to be a Ren and incumbrance upon the legacies and bequests hereinbefore given to my said children, and in lieu of dower to my said wife:” Held, that the $15 per month required to be paid by the four children was made a charge and lien upon each and every legacy and bequest to them, including the $500 to Bridget, and that she could not compel George to pay it to her without indemnifjdng him against her share of the $15 per month, and that the court, before requiring the payment to her, should have demanded a bond of solvent parties, to indemnify George.</p> <p>3. Same — sale of land in equity, which is held subject to a charge. Where a person takes real estate under a will, charged with the payment of a certain amoun