Murfitt v. Jessop

Citations

• 94 Ill. 158

Syllabus

<p>1. Wiiii. — devise, whether of life or fee simple estate. A testator, after devising all his personal property to his wife for her only use, used the following language: “And I further will and bequeath to my wife, A. H., all of my lands, designated and described as follows : (etc.) together with all and singular the rents and profits arising therefrom, to the only proper use and benefit of her and my heirs and assigns forever; and I will and bequeath that she have all the lands, tenements and goods and chattels that I may have any right and title to, all to her only proper use and benefit:” Held, that the widow took an estate in fee simple in all the lands, and that she would have so taken if the last clause had been omitted.</p> <p>2. Same—later clause must prevail. A later clause in a will, when repugnant to a former one, must be considered as intended to modify or abrogate the former.</p>