Siddons v. Cockrell

Citations

• 131 Ill. 653
• 23 N.E. 586

Syllabus

<p>1. Wills—rule of construction. A will should receive such a construction, if that can reasonably be given, as shall give force and effect to every word and clause thereof; and if a prior and a subsequent clause ■are repugnant, the prior should be sustained, or modified, by the subsequent.</p> <p>2. Same—disposing of entire estate—presumption. In the absence of .a clearly manifested intention to the contrary, it will be presumed that a testator intended by his w'ill to dispose of all his estate; and the heir-at-law is not to be disinherited, unless the intent to do so is very clearly ■expressed.</p> <p>3. Same—whether a fee devised. A devise of land without the word '“heirs,” or other words necessary, at common law, to pass a fee, is to be •construed as a devise of a fee, when it does not appear from the entire •will that a less estate was intended.</p> <p>4. Same—life estate—a devise construed. A testator devised the use ■of all his estate to his widow so long as she should remain unmarried, for her support and that of his children, and provided that if she should marry again, thereafter she should have and control only one-third in value of the real estate and “one-third of the personal property then remaining, absolute,” after which he directed, that should the widow .survive all the children, (“they having died without issue,”) “I will, devise and bequeath all my real estate and personal property to be hers, her heirs and assigns forever; but in case of the death of my wife leaving any of my childrenj surviving, I will, devise and bequeath to them all of my estate, in equal proportions, share and share alike, the heirs of any of my children taking their deceased parent’s share.” The widow married again : Held, that she took only a life estate in one-third of -the lands of the testator, and one-third of the personal estate.</p> <p>5. Same—vested remainder. A devised to his widow the use of all his estate during her widowhood, and from and after her marriage (if