Summers v. Smith

Citations

• 127 Ill. 645
• 21 N.E. 191

Syllabus

<p>1. Wills—devise vrith limitation over—who will take in remainder— and as to what estate will pass. When a devise is to one and his heirs, or to the heirs of Ms body, it is competent to show that the word “heirs,” or “heirs of the body,” are used as synonymous with the word “children” or “descendants,” and for this purpose every part of the will is to be taken into consideration.</p> <p>2. In case of a devise of the homestead of the testator and a bequest of all his personal estate to his wife for life, and directing that on the death of the wife the homestead shall go to A, Ms youngest son, to have and to hold the same to himself and his heirs forever, in the absence of any other provision in the will showing a different intent, A, the son, will take the fee in remainder, which, upon Ms death before the termination of the life estate, will pass to his heirs.</p> <p>3. But when the will further provides that on the wife’s death the personal property shall be equally divided between the testator’s three sons, A, B and 0, except the household furniture, which the wife may divide among his daughters, and the testator devises another farm to Ms son A, and gives a sum of money with which to buy a farm for his son B, and the will then provides that in case any of Ms sons shall die without heirs of his body, the real estate given to him shall go to his surviving brothers or brother, and his personal property to all the other heirs, equally, and the youngest son, 0, dies before the termination of the life estate, the land devised to him will vest in fee in his surviving brothers, and will not go to his heirs generally.</p> <p>4. Where the death of the first taker is coupled with circumstances which may or may not take place, as, for instance, death under age or without children, the devise over, unless controlled by other provisions of the will, takes effect according to the ordinary and literal meaning of the words, upon death under the circumstances indicated, at any ti