Heuser v. Harris

Citations

• 42 Ill. 425

Syllabus

<p>1. Testator—may dispose of Ms property as he chooses. A testator, of sound mind, may make suck final disposition of his estate by will as he may choose, subject to the statutory rights of his widow, if he leaves one.</p> <p>2. Same — estate of—neost of Tein have no equitable right to. Next of kin, no matter how near the degree of relationship, have no equitable right to their kinsman’s estate. A disposition of it by will, or by deed, there being no legal impediment, determines its destiny. But in case of intestacy, their right to the estate becomes a legal one.</p> <p>3. Wills—of charitable bequests—what will be considered certain. A testator, by his will, made two bequests, as follows: The lands, of which he died seized, to he sold at public auction, one-half of the proceeds to go to the school district in which the lands were located, to he used for school purposes only, and to be under the control of one trustee, to he elected by “the people ” of the district for the term of four years, who should give a bond for the faithful discharge of his duties, no person to receive any per cent of the fund for their trouble, and the interest only of such fund to he used; the other half of the proceeds to go “ to the poor of Madison county,” the interest of such fund only to he used. Held, that these bequests are operative and valid; and certain, both as to the object and recipient; and made to corporations by law capable of taking by deed or will.</p> <p>4. Samis — charitable bequests —favored in the law. It is the policy of the law to uphold charitable bequests of this character, and they have received the unqualified sanction of courts of chancery by a long and uninterrupted line of decisions, and are held to be within the very letter and spirit of the statute of the 43 Eliz. chap. 4, which is in force in this State.</p> <p>5. Same—concerning the appointment of trustee—failure to elect—cowrt of chancery may supply. As to the bequest made to the school district, it is i