Ward v. Ward

Citations

• 120 Ill. 111

Syllabus

<p>1. Apter-bobn chii/d—in case of a prior will—of raising a portion for such child. The statute provides: “If, after making a last will and testament, a child shall be born to any testator, and no provision be made in such will for such child, the will shall not, on that account, be revoked; but, unless it shall appear by such will, that it was the intention of the testator to disinherit such child, the devises and legacies by such will granted and given, shall be abated, in equal proportions, to raise a portion for such child, equal to that which such child would have been entitled to receive out of the estate of such testator, if he had died intestate. ”</p> <p>2. A testator, on May 12,1880, made his will, making various devises and legacies to his widow and eight children, and to some other relatives, disposing of his entire estate. On July 15, 1880, another son was born to him, not mentioned in the will, and the testator died on July 6, 1881, and his will was duly probated: Held, that such son, born after the making of the will, was entitled’to an undivided one-ninth part of the realty described in each devise, subject to the widow’s dower therein, and of the rents collected therefrom after the testator’s death, and that each devise of realty should be abated or reduced by an undivided ninth part thereof, and be effective as to the remaining eight-ninths,—in other words, one undivided ninth should be deducted from each devise of real estate, and the other eight-ninths should pass as directed by the will.</p> <p>3. Where the testator, after making specific devises of certain parts of his real estate, authorized his executor, who was also made a trustee, to sell the “residue and remainder” thereof at a certain time, and to divide the proceeds equally among his eight children, it was held, 'that the after-born child should have one-ninth of such “residue and remainder,” as well as of such parcels as had been specifically devised, subject to the widow’s dower there