Nevius v. Gourley

Citations

• 95 Ill. 206
• 1880 Ill. LEXIS 172

Syllabus

<p>1. Wills—devise upon condition. Where a devise is to take effect only upon the performance by the devisee of a precedent condition, the condition must be strictly performed, and where there is a substantial deviation from the intent of the testator as expressed in the will, the title will not vest. And a court of chancery will never vest an estate when, by reason of a condition precedent, it will not vest in law.</p> <p>2. And if the precedent act to be performed consists of several particulars, every particular must be performed before the estate can vest or take effect.</p> <p>3. A will provided that if a devisee named should pay certain legacies, specified, “out of his own private funds,” within one year from the date of the death of the testator, and should settle the estate (of which he was appointed the executor) without any other charge to said estate, then the testator “ gave and bequeathed” to such devisee a certain described tract of land, the will further providing: If the said devisee should not fully comply with the foregoing conditions, he should have no lien on the land mentioned. It was held, the conditions named were precedent conditions, and unless performed according to the intent of the testator, the title to the land would not vest.</p> <p>4. Same—as to the manner of paying a legacy. Where land is devised upon condition that the devisee shall pay a money legacy specified in the will, if the legatee sees proper to accept the promissory note of the devisee of the land, in payment of the legacy, that will be regarded as a good payment under the will.</p> <p>5. But where the will provides that the legacy shall be paid by the devisee “out of his own private funds,” a payment in rents belonging to the estate (the devisee being also the executor of the estate) will not be taken as a payment, such as the will requires.</p> <p>6. Same—payment to the husband of a legatee. Where a legacy was left to a married woman by a will made in 1877, a payment of t