Ebey v. Adams

Citations

• 135 Ill. 80
• 10 L.R.A. 162

Syllabus

<p>1. Wnms—rule of construction. The intention of the testator is to be sought for and found in the provisions of Ms will, taking into consideration all its parts, and giving the language the sense in which it was used by him. For this purpose the court will look to every provision of the will, the better to understand the plan of distribution .adopted, and the purpose of the testator in making a particular provision.</p> <p>2. Same—quantity of estate taken by the executor or trustee. The general principle applicable to the execution of trusts by an executor is, that he, as trustee, will take exactly that quantity of interest which the purpose of the trust requires. If the fee is required, it will be taken; but if a less estate will suffice, that only will vest.</p> <p>3. Same—direction to sell lands—and distribute proceeds—is a devise of money, not of land. Where a testator directs the sale of his lands and other estate by his executor, and a distribution of the proceeds, the devisees will take no interest in the land. Such a devise is of money, regardless of the fact whether the legal estate in the land is devised to the executor or not.</p> <p>4c. Same—election to take land—instead of the proceeds. Where land is devised to be sold and the proceeds distributed, the beneficiaries of the fund thus to be raised may elect to take the land itself; but such election, to avail, must be the act of all the beneficiaries.</p> <p>5. Same—time of distribution—who may take, at the period of distribution—vested or contingent interest. A testator, by his will, after giving all his estate to his wife during her life or widowhood, directed that upon her death or marriage all his estate be sold by his executors, and that from the proceeds they pay a certain sum to each of two grand•children, if of age, and if not, to their guardians; and provided that in case of the death of either of the grandchildren, the sum, go devised to him or her should be distributed among the testator’s ch