Reports of Cases At Law And in Chancery Argued ..., volume 97; volume 127
Reports of Cases At Law And in Chancery Argued ..., volume 97; volume 127
Illinois. Supreme Court
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Hale, 108 id. 164. The power of sale was given solely f^r the purpose of divi- sion of the estate, and not to enable the trastee to convert the land into money. 2 Perry on Trusts, 769. It was his duty to divide the property immediately. Walker V. Shaw, 19 Ves. 391; Hawkins v. Chapel, 1 Atk. 623. There was no power, as executor of the will, to sell. Mar- shall V. Rose, 86 HI. 374 ; LeMoyne v. Quimby, 70 id. 399 ; Schouler on Executors and Administrators, sees. 212, 213; Kev. Stat. chap. 2, sees.... 99-101. In the construction of wills, full effect should be given, not only to each item, but to every clause and word of each item. 3 Jarman on Wills, 705, 706. In the second item the testatrix speaks of the portion owned by her, in her own right, going to Charles Joel as his share. She uses that word in the same way in the fourth item. In her mind there are these two shares going to Charles Joel, and only these. Under all rules of construction, the same meaning must be given to the word "share," in this clause as in the foregoing, unless there is good reason to the contrary.
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