Holbrook v. Forsythe

Citations

• 112 Ill. 306

Syllabus

<p>1. Description—of land devised or conveyed—general description— as, all the lands owned by the testator or grantor in a particular county or State. If one devises or conveys all lands belonging to him in a particular county or State, to another, not by a particular description of the lands, but generally,—as, “all the real estate and_ lands to the testator or grantor belonging, and being in the State of Illinois, ”—the will or deed will pass to the devisee or grantee all such lands as belong to the testator or grantor in such county or State at the time the will or conveyance shall take effect.</p> <p>2. Color of title—devise. A devise of all lands belonging to the testator in the State of Illinois, by that general description, while it will pass to the devisee the title to all such lands lying in this State as belonged to the testator at the time of his death, yet it will not be given effect as to a particular tract claimed under the will, without proof that the testator owned the same at the time his will took effect; but such devise will not constitute color of title under the Limitation law, even though the testator may have had color of title.</p> <p>3. Same—how acquired or passed. A person having only color of title to lands in this State may transfer the same by a general devise of all lands owned or claimed by him in the State, or by a specific designation of the same in any appropriate way by which they may be identified. In like manner, if one having only color of title dies intestate, such color of title will descend to his heirs at law.</p>