Griffin v. Griffin

Citations

• 141 Ill. 373
• 31 N.E. 131

Syllabus

<p>1. Will—devise of life estate with power to sell—power construed. testator by Ms will directed the payment of his debts out of his real or personal estate, at the discretion of his widow, and devised to her, absolutely, all his personal estate after the debts were paid, and the use of all his real estate during her life, with the same right to sell the same for her support and maintenance that he would have if living, and then provided that at her death, if there should be left any of the real estate, it should be divided equally among his children, or their heirs, in case of their death, and appointed his widow the sole executrix, dispensing with her giving bond or having the property appraised, and gave her good right to do all things as he might do if living, and again directed that at her death, if there should be any of the real estate left after paying all her just debts, the heirs might divide the same among them, if they could agree, otherwise the same was to be sold and divided between them: Held, that the general scope and plan of the will was to give the personal property to the wife, and in respect of the real estate, to create a life estate in her, with power to sell and convey the fee, and limit the remainder, after the termination of the life estate, in the children and grandchildren.</p> <p>2. Where a testator by his will gave his widow the power to sell land for the payment of his debts, if she should think that to be advisable, and also power to sell lands for her support and maintenance, and appointed her sole executrix, dispensing with her giving bond or appraising the property, a clause therein that she “has a good right to do in all things” as he “would have just right to do if living,” can not be regarded as a delegation of power to make sales of real estate as the testator might have done, in addition to the power of disposal of such estate previously given, but such clause had reference to what she might do as executrix in settling his es