Lambe v. Drayton
Illinois Supreme Court
Writ op Error to the Circuit Court of Clinton county; the Hon. A. S. Wilderman, Judge, presiding. On the 16th day of January, 1890, Robert J. Drayton died testate.
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Writ op Error to the Circuit Court of Clinton county; the Hon. A. S. Wilderman, Judge, presiding. On the 16th day of January, 1890, Robert J. Drayton died testate. His will is as follows: “First—I give and bequeath to my dear wife, Margaret Ann Drayton, her heir and assigns, all my real estate possessed by me at my death, together with all the hereditaments and appurtenances thereto belonging or in anywise appertaining, to have and to hold the said real estate to my said wife, Margaret Ann Drayton, her lifetime. “Second—I give and bequeath to my wife, Margaret Ann Drayton, all my personal…
1Opinion of the CourtJustice Magruder
In the first clause of the will the gift is to “Mary Ann Drayton, her heir and assigns.” The word “heir” here has the same meaning as though it were “heirs.” It matters not that the devise expresses “heir” in the singular, “while the statute heirs in the given instance are in the plural; for ‘heir’ is a collective term, and may stand for any number of persons who happen to fulfill the description.” (Schouler on Wills, sec. 548). Therefore, by the first clause of the will, the language of the testator must be regarded as thoug'h it were as follows: “I bequeath to my dear wife, Mary Ann…
2Cases cited7 opinions
- Ducker v. BurnhamIllinois Supreme Court · 1893
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3Cited by6 opinions
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