Reports of Cases At Law And in Chancery Argued And Determined in the Supreme ...
Reports of Cases At Law And in Chancery Argued And Determined in the Supreme ...
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We think, >, that it is clear that the word "children," when used the )nd time in said clause, was used in its ordinary meaning.
Digitized by Googl| i 212 Stisser v. Stisser.
CJSSDL Appellants contend, as we understand it, that the last sentence in said clause, namely, "it being the will of the testator that the title to the properties under sections No. 4, 5 and 6 herein shall rest and abide in the hands of the legal heirs of the lawful heirs of the testator," is really a devise as to the rema...inder over, and must control the meaning to be given to the part of the said clause immediately before, namely, "then and in that case the properties herein willed to them, or either of them, or any part thereof, shall revert equally to the legal heirs of the other children." We can not agree with this contention. We think the words last quoted constituted the devise as to the remainder over, and the last part of said clause quoted above merely attempts, by way of recital, to explain the meaning of the devise theretofore set out.
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To quickly assess the difficulty of the text, read a short excerpt:
We think, >, that it is clear that the word "children," when used the )nd time in said clause, was used in its ordinary meaning.
Digitized by Googl| i 212 Stisser v. Stisser.
CJSSDL Appellants contend, as we understand it, that the last sentence in said clause, namely, "it being the will of the testator that the title to the properties under sections No. 4, 5 and 6 herein shall rest and abide in the hands of the legal heirs of the lawful heirs of the testator," is really a devise as to the rema...inder over, and must control the meaning to be given to the part of the said clause immediately before, namely, "then and in that case the properties herein willed to them, or either of them, or any part thereof, shall revert equally to the legal heirs of the other children." We can not agree with this contention. We think the words last quoted constituted the devise as to the remainder over, and the last part of said clause quoted above merely attempts, by way of recital, to explain the meaning of the devise theretofore set out.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme ...?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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