Pool v. Blakie

Citations

• 53 Ill. 495

Syllabus

<p>1. Estate imbibe, or for life only—construction of adeed. A father conveyed by deed to his daughter, a married woman, a tract of land, “ in consideration of natural love and affection, and for settling and assuring the premises for such purposes, and upon such conditions, as are hereinafter expressed.” The habendum clause was as follows: “ To have and to hold the aforesaid premises and hereditaments, etc. unto the said grantee, her heirs and assigns, forever, to the end and intent that the same shall and may be for her sole and separate use, benefit, behoof and disposal, notwithstanding her present or future coverture, for and clear of and from interruption, intervention and control of her husband, or any future husband she may have, and without being in any way or manner subject, responsible orliable to or for the existing or future contracts, debts, liabilities or engagements of her present husband or any future husband she may have: ” Held, the grantee took, not an estate for life merely, but an estate of inheritance in fee, with the power of disposal by will, so as to vest the entire estate in her devisees free from any interest in her husband.</p> <p>2. Estate by the curtesy—whether it exists. A husband can not be tenant by the curtesy of real estate conveyed to the wife for her sole and separate use, and with power of disposal, and who has disposed of it by will duly executed and attested.</p> <p>3. Construction of deeds and wills—general rule. It is a rule in construing deeds or wills, that the intention of the grantor or testator, as manifested by the words of the writing, in connection with surrounding circumstances, must be carried into effect, provided in so doing no rule of law is violated or sound policy disturbed.</p>