Leiter v. Sheppard

Citations

• 85 Ill. 242

Syllabus

<p>1. Will—»/ the estate devised—whether for life or in fee. Where a testator, after making several specific bequests, devised all the residue of his estate, real and personal, which he divided into three parts, the first of which was to his widow in fee, the second to A, the wife of a friend, “ to be held by her in her own right, then to her children, heirs and assigns forever,” and the other third as follows: “ToB, one-fourth part thereof,” “to 0, and to her children, heirs and assigns after her, one-fourth part thereof,” “ to D, and her children, heirs and assigns after her, one-fourtli part thereof,” and “to D, and to her children, heirs and assigns after her, one-fourtli part thereof of the said last third part: ” Held, that the several devisees A, 0 and</p> <p>D, each took an estate in fee simple, and not merely a life estate with remainder to their children, and that B also took an estate in fee.</p> <p>2. Under our statute every devise of lands is deemed a fee simple estate of inheritance, if a less estate is not limited by express words, or it does not appear otherwise by construction or operation of law. The latter does not follow from the use of different words in the different devises. The words “and to her children, heirs and assigns after her,” do not show that a less estate than one in fee was devised by operation of law. The words “ children, heirs,” are used as expressing the same thing, and as taking through the mother by inheritance, and not under the will.</p> <p>3. Same—construction as to estate devised. It is the disposition of courts</p> <p>to adopt such a construction of wills as will give an estate of inheritance to the first donee. If personal property is embraced in a residuary devise of lands, it is a circumstance indicating that the devise is an absolute one in fee. v</p>