Roberts v. Roberts

Citations

• 140 Ill. 345
• 29 N.E. 886

Syllabus

<p>1. Wmii—construed as to after-acquired property, A testator, by a certain clause in Ms will, devised to his wife the use, benefit and income of all the residue of the real estate of which he should die possessed or in any manner be interested in, for and during her natural life, or so long as she should remain Ms widow. By a subsequent clause he gave and bequeathed to Ms wife and four children, “to be taken by them share and share alike, all the rest and residue of Ms property which has not been specifically bequeathed and devised, of whatever nature the same may be, whether real, personal or mixed.” After making the will the testator acquired a one hundred and sixty acre tract of land : Held, on bill for partition, that the widow took a life estate in such after-acquired land, or an estate during widowhood.</p> <p>2. Same—effect of subsequent clause—rule of construction. The rule of construction is, that when an estate is given by one clause or part of a will it can not be cut down or taken away by a subsequent clause, except by clear and unambiguous terms; and it is sometimes said, that in order to give the later clause that effect, its language must be as clear as that of the clause giving the estate.</p> <p>3. Same—how construed—effect to every part. Courts will always, if possible, so construe wills as to give effect to each and every part. The words used are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained; and the words used are in all cases to receive a construction that will give to every expression some effect, rather than one that will render any expression inoperative.</p>