People v. Jennings
People v. Jennings
Opinion of the Court
delivered the opinion of the Court:
The well established principle in the construction of wills is, that the intention of the testator, to be gathered from the words of the will, must prevail. This is a settled canon of interpretation. We are satisfied no present interest passed to Israel Jennings, Jr., as the land was not converted into money until after his death, and by the express terms of the will, in case of the death of any one of testator’s children, his share was to go to such children as he might leave. Marsh v. Wheeler, 2 Edw. Ch. 156 ; 1 Jarman on Wills, 760 (side paging).
The court decided correctly in adjudging that the amount paid over to the administrator of Israel Jennings, Jr., by the executors, was properly paid to him, and that he holds the same as trustee for the heirs at law of said Israel, Jr., according to the agreement of the parties. The decision of this court being against the plaintiff, the suit is dismissed at her costs.
Suit dismissed.
Reference
- Full Case Name
- The People of the State of Illinois, for the use of Bulia A. Jennings v. Charles H. Jennings
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- 1. Wills—interpretation of—intention of testator controls. The principle is well established, that, in construing a will, the intention of the testator, to be ascertained from its language, must govern. 2. Same—construction of in a particular case. Where, by the terms of a will, the testator directed the executor to sell all of his real estate, and, after the payment of his debts, to divide the remainder of the proceeds of such sale equally among his four children, and, in event any of them died, the deceased’s portion to go to his child or children equally, — held, that the interests of the several children did not vest until the real estate had been converted into money as directed by the will; and that, one of them having died intestate before such conversion, leaving issue, his portion should be paid over to his administrator to be held in trust for his children.