Schroeder v. Benz

This appeal from the circuit court of St. Clair County involves the construction of the will of Lizzie Hammann, who died on September 16, 1954.

The principal question is whether the following paragraph of her will directed a per capita or per stirpes division:

“Fourth: — After the payment of such just debts, legacies, funeral expenses and cost of Administration I give, devise and bequeath to my Brothers and Sisters, Ida Schroeder, Minnie Hirstein, Alex Benz, Lizzie Krump, and to the children of my Deceased Brother, Henry Benz, who are as follows: (John Benz, Robert Benz, Daisy Hielman Benz) and…