Kennedy v. Kennedy

Citations

• 105 Ill. 350
• 1883 Ill. LEXIS 97

Syllabus

<p>1. Will—rule of construction. In the construction of a will the principal inquiry is the intention of the testator, from the words used, and if this satisfactorily appears from the will, it should prevail over any artificial rule of construction.</p> <p>2. Same—devise of the “homestead”—life estate, with power of disposition. A testator, being the owner of six hundred and thirty acres of land, forming one connected body of land, upon which he resided, and which he cultivated and carried on as one common farm, besides some disconnected • tracts, made a devise to his wife, as follows: “I give and bequeath to my wife, Mary, my homestead, to have and to hold during her life, to occupy and use the same, or dispose of it, at her. will and pleasure, and use and control the proceeds thereof, in lieu of her dower in my real estate, and one horse,” etc.: Held, that the word “homestead” was not used in the statutory sense, as known in the Homestead Exemption law, but it was meant to embrace the entire farm upon which he resided, being six hundred and thirty acres, but not the detached tracts; that only a life estate was given, and that the power of disposition in the wife was limited to the life estate.</p> <p>3. Executors—circuit court not authorized to appoint. The appointment of executors belongs to the jurisdiction of the county court, and when one of several executors dies, the circuit court should not appoint another ■ on bill for construction of the will, but should leave that with the county court.</p>