Willis v. Watson

Citations

• 5 Scam. 64

Syllabus

<p>Appeal from Pike.</p> <p>1. Will — devise of after acquired realty. Under the statute of wills of Illinois, a testator may devise after acquired real estate, (a) </p> <p>2. Conveyance — after acquired land. Under the statute of Illinois, a conveyance, in fee simple absolute, of an estate to which the grantor has no title, will be effectual to pass any legal estate that the grantor may subsequently acquire, (b) </p> <p>3. Same — realty adversely held. Livery of seizin is unnecessary, in Illinois, to complete the title to real estate; and a person out of possession may convey land, though it is held adversely, so as to pass the title.</p> <p>4. Will — construed for intent. The intention of a testator must prevail, in construing a will, if it is consistent with the rules of law.</p> <p>5. Same — taken, as a whole. The whole of a will should be taken together, in ascertaining the intention of the testator.</p> <p>6. Descent — heirs take cum onere. Where a testator or intestate leaves debts, the payment of which is charged upon his real estate, it descends to his heirs only sub modo.</p> <p>7. Wills — construed. Where a testator bequeathed to his wife “the care, profit, and benefit of” his “ whole estate, real and personal, so long as she re- [* 65] mains ” his “ widow, except such parts thereof as are specially disposed of hereafter,” and the will further provided, that, “upon the marriage or death of” his “wife, it is my will and desire, that all the property which I leave in her possession, or that may accrue from it, may be equally divided between all my brothers and sisters’ children, giving each one an equal share, except John J. Ross, my brother Leonard Ross’ oldest son, who I do not intend shall have any share in my estate Held, that real estate acquired by the testator, after the making of the will, passed by it to the nephews and nieces of the testator, except John J. Ross, and that the widow only took a life estate therein.</p>