People v. Jennings
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bbyan, Judge, presiding, Israel Jennings, Sr., died, leaving a will, which, after declaring some specific legacies, contained the following clauses: “It is also my will, that my lands remaining undisposed of by this will shall be sold by my executors, at public sale, after giving such notice as my executors shall think necessary, upon the following terms, to wit: The purchaser paying one-fourth of the purchase…
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Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bbyan, Judge, presiding, Israel Jennings, Sr., died, leaving a will, which, after declaring some specific legacies, contained the following clauses: “It is also my will, that my lands remaining undisposed of by this will shall be sold by my executors, at public sale, after giving such notice as my executors shall think necessary, upon the following terms, to wit: The purchaser paying one-fourth of the purchase money at the time of sale, and the residue in three equal installments of twelve, eighteen and twenty-four months; the…
1Opinion of the CourtChief Justice Breese
The well established principle in the construction of wills is, that the intention of the testator, to be gathered from the words of the will, must prevail. This is a settled canon of interpretation. We are satisfied no present interest passed to Israel Jennings, Jr., as the land was not converted into money until after his death, and by the express terms of the will, in case of the death of any one of testator’s children, his share was to go to such children as he might leave. Marsh v. Wheeler, 2 Edw. Ch. 156 ; 1 Jarman on Wills, 760 (side paging).
The court decided correctly in adjudging…
2Cases cited1 opinion
- Marsh v. WheelerNew York Court of Chancery · 1834
3Cited by11 opinions
- Starr v. WilloughbyIllinois Supreme Court · 1905
- Brain v. DeanSupreme Court of Iowa · 1913
- People v. AllenIllinois Supreme Court · 1924
- Banta v. BoydIllinois Supreme Court · 1886
- Clifford v. DavisAppellate Court of Illinois · 1887
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