Kindig v. Deardorff

Citations

• 39 Ill. 300

Syllabus

<p>1. Will—interpretation of. The rule is well settled, when either real or personal estate is devised, with a condition, that in case the devisee shall die before the age of twenty-one, or without issue, then the estate shall go to an ulterior devisee, that the word “ or,” is to be construed as the word “ and,” so as to require both conditions to concur, in order to make the estate go over.</p> <p>2. But if there is any thing in other portions of the will, showing that the testator really intended to use the word “or” in its strict disjunctive sense, courts ought to so construe it. The intent of the testator is the controlling principle.</p> <p>3. When A devised his realty to B and 0 with a condition that if one or both die,. before they shall arrive at the age of twenty-one, or without issue, then the estate to go to D; and B died between the ages of twenty-one and twenty-two, without issue: Held, that the word “ or” is to be construed as the word “and,” and the legacy became absolute in B, on his -attaining his majority.</p>