Woman's Union Missionary Society of America v. Mead

Citations

• 131 Ill. 338
• 23 N.E. 603

Syllabus

<p>1. Wnms — after-acquired estate — whether it will pass by the will. Whether after-acquired real estate will pass by a will, depends upon the testator’s intention. If no suclrintention appears from the will, it will not pass; but such intention is sufficiently shown by the language, “I bequeath all my property, real and personal, wherever the same may be,” etc. It will be presumed, when the contrary does not appear, that a party deliberately making a will does not intend to leave anything undisposed of.</p> <p>2. It is not necessary, in order to pass after-acquired property by will, that the testator should have a specific intent to dispose of property which he might thereafter inherit or otherwise acquire, but it will be sufficient if he manifestly intends that “all the rest, residue and remainder” of his estate, “both real and personal,” owned by him at the time of his death, shall pass, no matter how or from whom obtained.</p> <p>3. A testatrix, after having made various specific devises and bequests, among which was a bequest of $15,000 to a sister, provided that in ease of the death before the testatrix of any legatee, without issue, his or her legacy should fall into the residuary estate mentioned in the will, and then gave, devised and bequeathed “all the rest, residue and remainder of her estate, both real and personal,” to her executors, in trust, to pay the income to such sister during her life, and after her death to divide such residuary estate between six corporations therein named. The sister died before the testatrix, leaving no issue, whereby the legacy to her lapsed, and the testatrix inherited a large property from such sister: Held, that all the property thus acquired by the testatrix passed under her will, under the clause disposing of the residuum.</p> <p>é. Same—residuary cZmtse — specific purpose appointed—whether a limitation upon the use—and when the surplus may be applied. A testatrix, after providing for the payment of her debts, and cer