Mason v. Ely

Citations

• 38 Ill. 138

Syllabus

<p>1. Wills—rules of construction. In construing wills, like other instruments, the meaning of the party executing them, must, if practicable, be ascertained and enforced. And in doing so, resort may be had to every provision of the instrument to ascertain that intention; nor, if it may be avoided, will any portion of the instrument be left inoperative.</p> <p>2. And such instruments must be interpreted by the language employed by the testator, without resorting to extrinsic evidence.</p> <p>3. Same—construction of the will in this case—description of premises. The property devised in this case was described as follows: “So much of lots numbered one and two in block number fifteen, in the southern addition of Miller and others to Bloomington, as is now inclosed by fence, including the house where the widow Crawford now lives.” Lot two lies west, and adjoining lot one; both lots were inclosed by an exterior fence, and they were divided by fences running north and south through the middle of each, making three inclosures; the house in which the widow Crawford lived was in the west inclosure, being on-the west half of lot two ; the dwelling of the testator was in the east inclosure, being on the east part of lot one. Held, that the west half of lot two, alone, passed by the devise. The reference to lots “ one and two” was merely descriptive of an entire property, only a part of which, the inclosure embracing the widow Crawford's house, was intended to be devised.</p>