Wardner v. Seventh Day Baptist Memorial Board
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge, presiding. On October 10, 1905, appellant filed her bill in the circuit court of Cook county, Illinois, to clear title to certain lands, and for other relief. Demurrer was sustained to the bill as amended, and, upon appellant electing to stand by said bill, the same was dismissed for want of equity, and an appeal was taken to this court.
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Appeal from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge, presiding. On October 10, 1905, appellant filed her bill in the circuit court of Cook county, Illinois, to clear title to certain lands, and for other relief. Demurrer was sustained to the bill as amended, and, upon appellant electing to stand by said bill, the same was dismissed for want of equity, and an appeal was taken to this court. The amended bill sets forth that Nathan Wardner, late of Rock county, Wisconsin, on April 20, 1885, published his last will and testament, and later on made two codicils thereto,…
1Opinion of the CourtJustice Carter
The chief subject of contention is whether the second codicil to the will gave appellant power to sell the real estate in fee and consume or dispose of the proceeds. In reaching a conclusion on this matter it is necessary to construe the two codicils in connection with the will.
In construing a will and codicil it is the general rule that the disposition made by the will should not be disturbed further than is absolutely necessary to give effect to the codicil. The codicil revokes only so much of the will as is inconsistent with it. (Vestal v. Garrett, 197 Ill. 398; Meckel v. Johnson, 231 id.…
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3Cited by21 opinions
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