Hetfield v. Fowler

Citations

• 60 Ill. 45

Syllabus

<p>1. Will — trustees—legatees—residuary estate. A testator, by his will, bequeathed, after willing all of his property to his executors in trust, and giviug specific legacies, the residue of all his property, real and personal, to his three sisters, limiting it to their use during their natural lives, and at their deaths, respective^, to their children; hut by another clause, he gave to these three sisters each a legacy of $3000, absolutely: Held, that this bequest only conferred a life estate on the legatees, with the remainder to ,their children; nor does the word “ fee,” as used in the will, overcome the clear intention to give a life estate; nor does it limit such estate to the realty.</p> <p>2. Bequest of personal fbopekty — life estate. A testator may bequeath a life estate in personal property to another, and limit a remainder on it.</p> <p>3. Will — carrying U into effect. In such a case, if there was power to order the money to be paid to the legatees, to secure those in remainder, it would be proper to require of the legatees>to execute bond with good security for the faithful application of the fund, but a fair construction of the will requires the fund to remain in the hands of the trustees, and that they should pay to the legatees the income arising from the trust fund.</p> <p>4. Cboss ERRORS. When the court below, in such a case, ordered the executors to pay the fund to the legatees on their giving bond with good security, the executors, upon an appeal by the legatees, may assign cross errors, and have such an order reversed.</p>