Kirkland v. Conway

Citations

• 116 Ill. 438
• 6 N.E. 59

Syllabus

<p>1. WlLli—description, as to land devised. A testator devised to his daughter, S., certain tracts of land, and in the next clause provided as follows: “Also SO acres in the south part of section 7,” and in the third clause devised to his grandson “314 acres of land, so as to leave S. (his daughter) in the south-east part of said section 7, in which his 314 is, it being the south part of said section 7, in town, ” etc. Meld, that the 50 acres given to S. was in a square in the south-east corner of section 7.</p> <p>2. A testator owned all of section 7, containing 520.58 acres, except 80 acres, being the east half of the north-east quarter of the section. He devised 50 acres in the south-east corner of the section to A, his daughter, and to B, a grandson, 314 acres, “so as to leave A in the south-east part of said section 7, in which his (B’s) 314 acres is, it being the south part of section 7,” etc.; also, to the heirs of his deceased daughter, C, 245 acres, “or all of the balance of section 7, as above described, to be divided equal between them:” Held, that after first taking out A’s 50 acres in the south-east corner,(B’s 314 acres was to be taken in the south part of the section, taking all of the south half except A’s 50 acres, and enough more off the south side of the northwest quarter and the west half of the north-east quarter of the section, leaving only 76.58 acres for the heirs of O, in the north part of the north-west quarter, and the west half of the north-east quarter.</p> <p>3. Same— evidence to show testator’s intention by his declarations. The declarations of the testator as to the extent of the interest he intended to give a devisee by his will, are clearly incompetent evidence. The testator’s intentions must be determined from the language of his will.</p>