Kurtz v. Hibner

Citations

• 55 Ill. 514

Syllabus

<p>1. Parol evidence—to correct a mistake in a wiU. The law requires that all wills of lands shall be in writing, and extrinsic evidence is never admissible to alter, detract from, or add to, the terms of a will., '</p> <p>2. So where the testator devised a “ tract of land situate in the-town of Joliet, Will county, Illinois, and described as follows: the west half of the south-west quarter, section thirty-two, township thirty five, range ten, containing eighty acres, more or less,” and “ all that part or parcel of land described as the south half of the east half of the south quarter, section thwenty-one, in township thirty-five, range ten, containing forty acres, more or less,” it was held, that parol evidence was not admissible for the purpose of showing the testator intended to devise land situate in different sections from those mentioned in the will, and that the draughtsman of the will, by mistake, inserted the wrong numbers.</p> <p>3. In such case, the words of description being unambiguous, and the thing devised certain and specific, no extrinsic evidence was required to identify the thing intended, nor admissible to show that a different thing was intended.</p> <p>4. Partition—where improvements heme been made by one of the tenants in common. In making partition of land, where one of the tenants in common has made improvements thereon, the court should direct the portion improved to be assigned to him who made the improvements, and in case partition can not be made, to allow him a reasonable remuneration from his co-tenants who receive the benefit of the improvements in the increased value of the land, and it is error to omit such direction.</p> <p>6. Specific performance—parol promise by a parent to convey land to his child. Where the owner of land made a parol promise to his child to convey the same to him, and in consequence of such promise the latter went into- possession and made valuable improvements thereon, it was held the promise rested upon a val