Hamlin v. United States Express Co.

Citations

• 107 Ill. 443
• 1883 Ill. LEXIS 282

Syllabus

<p>1. Will—limitation over repugnant to devise, is inoperative. Where there is a devise of an unlimited power of disposition of an estate in such manner as the devisee may think fit, a limitation over is inoperative and void, by reason of its repugnance to the principal devise.</p> <p>2. Same—when power of disposition carries a fee. If an estate be given to a person, generally or indefinitely, with a power of disposition, it carries a fee, unless the testator gives to the first taker an estate for life only, and annexes to it a power of disposition of the reversion. In that ease the express limitation for life will control the operation of the power, and prevent it from enlarging the estate to a fee.</p> <p>3. Same—rule of construction—intention—how found. In construing a will, the intention of the testator, if not inconsistent with the rules of law, must govern; and this intention is to be ascertained from the whole will and all its parts taken together. Every clause and provision, if possible, should have effect given to it according to the intention of the maker. A later clause of a will, when repugnant to a former provision, is to be considered as intending to modify or abrogate the former.</p> <p>4. Same—power of disposition may be annexed to a life estate. It is not opposed to any rule of law to create a life estate with a power to sell and convey, and limit a remainder after its termination.</p> <p>5. Same—construed, as creating life estate with power of disposition. A testator devised all his estate, real and personal, to his wife, for her own irse and benefit, with full power to hold, use, enjoy or dispose of the same in any manner she might choose; and the will further provided, that if she so desired she should have full power and authority to convey any and all of the real estate by absolute conveyance in fee simple. By a subsequent clause the will provided, that after the wife’s death, all the real estate not conveyed by her should be sold at the best a