Fussey v. White

Citations

• 113 Ill. 637
• 1885 Ill. LEXIS 736

Syllabus

<p>1. Will—a devise construed as giving only a life interest, and that confined to the income of the estate. A testator directed, by his will, first, that all his debts be paid, and then devised all the residue of his property to his executors, to be held by them for the following uses, to-wit: to pay out of the income, $250 per annum to his sister during her life, and $500 to the Methodist Episcopal Church of Evanston; third, that his executors should hold and use the residue of the estate, improve the same, and produce an income, and that his widow should have as much of the income as she might desire for her use and support, and the balance thereof be divided, as equally as possible, between his two children, with the exception of the homestead of his daughter, which his executors were to complete paying for, and then convey the same to her; and fourthly, upon the decease of the widow said property was to be held for the use and benefit of his two children, or their heirs, share and share alike, and stating that it was his desire that each one of his two children should have one-half of the income therefrom, and that upon their decease, their children to have and receive one-half part thereof, etc.: Held, that his two children, after the death of the sister and his widow, and the payment of the bequest to the church, took but a life interest as tenants in common, and that their interest was in the income only.</p> <p>2. Same—devise construed as to the character of estate which should go to the ultimate takers—and as to the time of distribution. The same will further provided: “That upon the decease of my wife, said property be held for the use and benefit of my said children (being a son and a daughter,) or their heirs, share and share alike, it being my desire that each one of them, or their heirs, shall have and receive one-half of the income therefrom, and that upon their decease their children to have and receive one-half part or portion thereof, or in case t