Trogdon v. Murphy

Citations

• 85 Ill. 119

Syllabus

<p>1. Will—devise of life estate with remainder. A bequest was in these words: “I give and bequeath to my beloved wife, K., during her natural life, all the stock and personal propeiW of which I may be in possession at my decease; also the plantation on which'I reside. * * After the death of</p> <p>my wife, the whole of the home farm shall go to my daughter, Polly; but in the event of her (Polly) dying without an heir, then I direct t-he place to be sold, and the proceeds of said land and personal property to be equally divided among my lawful heirs: ” Held, that the widow took a life estate, only, in the personal property, with remainder to heirs of the testator.</p> <p>2. Same—may be a life estate in personalty. A life estate in personal property, with a remainder over, may be created by will. In such case, upon the death of the tenant for life, the property so bequeathed remaining must be distributed to the remainder-men.</p> <p>3. Error—does not always reverse. The admission of an incompetent witness to testify in a case, where the other proofs and admissions of fact justify the judgment, affords no valid ground for a reversal.</p>