Worrell v. Patten

Citations

• 69 Ill. 254

Syllabus

<p>1. Mistake—correcting mistahe in will. Where a testator, in making his will, made mistakes in the description of several tracts of land attempted to be devised, some of the tracts not being described, and in several cases other and different lands were named, and made his widow residuary devisee “of all the rest and residue” of his “estate, remaining at the time of” his “decease, real, personal and mixed, of every name and description whatsoever,” it was held, that as the widow would, under such will, take all lands which failed to pass, through the mistake, she had a right to correct the mistake by conveying the lands to the proper parties, or to have the mistake corrected on bill filed by her for that purpose.</p> <p>2. Same—decree without proof. Where the residuary devisee in a will, files a bill in equity to have mistakes in the will corrected, the.effect of which is to deprive her of lands she would otherwise take under the same, a decree mat- pass as prayed without the hearing of any proof whatever of the fact of mistake having been made, and the minor heirs of the testator, in 'such case, having no interest in the lands thus taken from the complainant, can not he heard to complain of the decree reforming the will.</p>