Noll v. Garber

PRESIDING JUSTICE McDADE

delivered the opinion of the court:

This appeal arises from an order entered by the circuit court of Peoria County dismissing a complaint for construction of a will and thereby finding in favor of Barbara J. Garber and other defendants. Plaintiff, Stanley V Noll, now appeals. On appeal, plaintiff maintains the court erred in failing to recognize that the word “heirs” is a word of limitation denoting the quality of the estate granted rather than construing it as creating a class gift. Because we find dismissal on the pleadings is inappropriate in this case, we reverse…