Hunt ex rel. City of Streator v. Evans

Citations

• 134 Ill. 496

Syllabus

<p>1. Winns—recitals in a will—misrecital, as to other parts of the will, and as to instruments outside of the will. Where a will recites that the testator has devised something in another part of the will when in fact he has not done so, such recital will be construed to show a purpose .and intention of the testator to devise by the will, and the courts will carry out such intention, and thus give the erroneous recital the effect of a devise by implication.-</p> <p>2. But where the recital in the will is to the effect that the testator has, by some instrument other than the will, given to a certain person named in the recital, property, when in fact he has not done so, such ■ erroneous recital will not disclose a purpose and intent to give by the will, and resort must be had to the other instrument, and not to the will.</p> <p>3. A testator, after making certain devises, recited in his will that he had conveyed in trust to W. and P., as trustees, certain property, described in the trust deed, for the purpose and upon the trusts mentioned in such deed of trust, reserving the rents, etc., during his life, . and upon his death the residue to be vested in a board of directors with intent to establish, under the statute, a public library for the use of the inhabitants of the city of S., upon complying with the directions and trusts named in said deed of trust. The will and deed of trust were both prepared, but the will only was executed: Held, that the recital in the will in respect of the creation of a trust could not be construed as a devise of anything, or as a declaration of a trust for the benefit of a public library.</p> <p>4. Same—disputing recital in will—devisees and heirs not estopped. 'The devisees and heirs of a testator are not estopped by the recitals in his will that he had conveyed certain property to trustees, in trust for .a certain purpose, from denying the execution of any such deed. The .rule in Gorham v. Dodge, 122 Ill. 528, has no application to s