Vangieson v. Henderson

Citations

• 150 Ill. 119
• 36 N.E. 974

Syllabus

<p>1. WiliiiS — devise construed — “heirs” a word of limitation. A testator provided by his will as follows: “After the death of my wife, as aforesaid, I give and bequeath unto my beloved daughter, N., during her natural life, and after her death to descend and vest in her legal heirs, thirty-five acres,” describing the land; Held, that the daughter took the title to the land in fee.</p> <p>2. Bulb in Shelly’s case — the word “heirs.” The rule is, whenever the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, either in fee or in tail, the word “heirs” is one of limitation of the estate, and not of purchase, and the ancestor takes the fee.</p> <p>3. The word “heirs” being used in the generally accepted legal sense, is, under the rule, one of limitation, and no intention of the testator, however clearly expressed, can change it into a word of purchase.</p>