Griswold v. Hicks

Citations

• 132 Ill. 494
• 24 N.E. 63

Syllabus

<p>1. Conveyance—of the estate granted—estate for life, with remainder fa fee• A conveyance of land by A, as party of the first part, to his children, B, O, D and E, “and the heirs of their bodies, party of the second - part,” after the words of grant contained this clause: “Meaning and intending by this conveyance to convey, to my said children the use and control of said real estate during their natural lives, and at their death to go to their children; should they die without issue, to their legal representatives.” The habendum was “to the only proper use, benefit and behoof of the said party of the second part,their heirs and assigns foreverHeld, that the word “heirs,” in the habendum, clause, meant the children of the grantees, and that B, C, D and E, the children of the grantor, took only a life estate, and their children took the remainder in fee.</p> <p>2. Same—the word “heirs”—as meaning children. The owner of property, by his deed purporting to be made to his four children and “to their heirs,” used the words, “meaning and intending by this conveyance to convey to my said children the use and control of said real estate during their natural lives, and at their death to go to their children ; should they die without issue, to their legal representatives Held, those words were intended to mean, that the grantor used the word “heirs,” not in its legal sense, but as meaning children.</p> <p>3. Same—rule of construction. Technical words, or words of known legal import, must be given their legal effect when used in a deed or will, even though the grantor or testator uses inconsistent words, unless such inconsistent words are of such a nature as to make it perfectly clear that they were not used in their proper legal sense.</p> <p>4. Jurisdiction—in chancery—bill to impeach decree against infants. A court of equity has jurisdiction of a bill by an infant, to impeach a decree of the county court for the sale of land to pay debts, when such infant’s interest in the