Richards v. Miller

Citations

• 62 Ill. 417

Syllabus

<p>1. Will—devise—words to pass real estate. The words, “ I give, devise, and bequeath to my heirs-at-law the remainder of my estate,” are sufficient to embrace and pass real estate left by the testator.</p> <p>„ 2. Same—meaning of word “heirs.” The rule rigidly adhered to by the courts is, that the words employed by a testator in his will, will be presumed to have been used in their strict and primary sense, unless the context shows them to have been used in a different sense. When not thus explained, their legal and technical meaning will he enforced. Thus, the word heirs, unexplained by the context, will be held to mean the persons appointed by law to succeed to the estate in case of intestacy.</p> <p>3. Parol evidence—to explain who meant by “heirs-at-law.” Where a resid nary devise in a will was in these words: “ I give, devise, and bequeath to my heirs-at-law the remainder of my estate : ” Held, that parol evidence of the instructions given by the testatrix to the scrivener who drafted the will, for the purpose of explaining who she -meant by the words heirs-at-law, was not admissible.</p> <p>4. Same—to identify heirs, ele. But proof of the amount and nature of the fund to be distributed, to show whether personalty or realty, and the names of the persons who sustained such relations to the testatrix as would constitute them heirs-at-law, is not only proper, but necessary to an order of distribution. But such proof does not raise a latent ambiguity to justify proof of the declarations of the testatrix, made at the writing of the will, to show who she considered her heirs.</p> <p>5. Devise—to hdrs-at-law—construction. When gifts by will to heirs-at-law are made to them simplidter, the persons to take and the proportions must be determined by the statute of descents and distribution. So, where a testatrix, after directing the payment of her funeral expenses and debts, and certain pecuniary legacies, provided in her will as follows : “ I give, devise, and bequeath