Heslop v. Gatton

Citations

• 71 Ill. 528

Syllabus

<p>1. Wills—pecuniary legacies must he paid from the personal property of testator. Where a person dies leaving a will, and personal and real property, his debts and pecuniary legacies bequeathed by the will are to be paid from his personal property; and in case of a deficiency of personal property, the legacies must abate, unless he charges his real estate with their payment.</p> <p>2- Same—legacies may he made a chm'ge upon real estate in express terms or hy implication. Legacies may be made, by the testator, a charge upon his real estate, either by express directions to that effect contained in the will, or the intention thus to charge it may be implied from the whole will, taken together.</p> <p>3. Same—rule of construction. Generally, a will is not to be construed by anything dehors, where there is no latent ambiguity, and parol evidence is not admissible to show the intention of the testator against the construction on the face of the will, and the state of his property can not he resorted to, to explain the intention.</p>