Day v. Wallace

Citations

• 144 Ill. 256
• 33 N.E. 185

Syllabus

<p>1. Wills—construed — devising the same land to different persons. Where a testator in the several parts of his will devises the same land to different persons in fee, and there is nothing in the will to show that he intends the last named devisee to take to the exclusion of the first, the two devisees will take the land concurrently as tenants in common. In such case there is not such a clear and irreconcilable repugnancy between the two devises as to make the later one abrogate the prior one.</p>