Higgins v. Dwen

Citations

• 100 Ill. 554
• 1881 Ill. LEXIS 144

Syllabus

<p>1. Will—construed as to property devised. A will of a wife in these words: “I give and bequeath to my husband, James G-. Dwen, all moneys and properties, real and personal, of every description, in the city of Chicago, county of Cook, and in Ogle county, State of Illinois; also, all money and properties which may hereafter come to me, by reason of will or otherwise, he to pay all my just debts,” etc., was held to pass real estate of the testatrix in Cook county, although outside of the city of Chicago, to her husband.</p> <p>2. Same—testator presumed to dispose of all his estate. It is presumed that a testator, when he makes and publishes his will, intends to dispose of the whole of his estate, unless the presumption is rebutted by its provisions, or otherwise, by evidence to the contrary.</p>