Osborn v. Jefferson National Bank of Steubenville

Citations

• 116 Ill. 130
• 4 N.E. 791

Syllabus

<p>1. Will—subsequent birth of child—effect thereof on the provisions in the will. Section 10 of the act in relation to descents, in which the rights of a child born to a testator after he has made a will, are prescribed, applies only to children for whom no, provision is made by the will, and as to whom it does not appear by the will that they were intentionally disinherited.</p> <p>2. Same — what■ will amount to malting provision for an after-born child. A married woman in 1873 made her will, by which she devised to her husband, and his heirs and assigns, all her estate, provided he should survive her, but in case he should not' survive her, and she should die leaving children, then to her child or children, etc.- In 1880 she died, leaving her husband surviving, and three children, all born after the date of the will: Held, that the testatrix, by the will, had made provision for her children, within the meaning of section 10 of the act relating to descents, although depending upon a contingency.</p> <p>3. As a testator may totally disinherit his after-born child or children by his will, it follows that he may limit his bounty to them to anything, no matter how insignificant it may he, and make its enjoyment depend upon any contingency, however remote.</p> <p>4. Same—whether a will shows an intention to disinherit after-born child. A testatrix, in 1873, by her will, devised all her estate to her husband, in case he should survive her, otherwise to any child or children she might leave. She died in 1880, leaving her surviving three children, born after the execution of the will, and her husband: Held, that the will showed a clear intention on the part of the testatrix to disinherit her after-born children, in case of her husband surviving her.</p> <p>5. Same—rule of construction—giving effect to the intention. It is elementary in 'the construction of wills, that the intention of the testator must he given effect to, and to ascertain this the whole instrument must be