{ "id": 4903650, "name": "Christiane C. Taubenhan et al. v. Margaret Dunz", "name_abbreviation": "Taubenhan v. Dunz", "decision_date": "1886-11-08", "docket_number": "", "first_page": "262", "last_page": "273", "citations": [ { "type": "official", "cite": "20 Ill. App. 262" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "15 W. Va. 646", "category": "reporters:state", "reporter": "W. Va.", "case_ids": [ 8641271 ], "opinion_index": -1, "case_paths": [ "/w-va/15/0646-01" ] }, { "cite": "100 Ill. 554", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2822795 ], "opinion_index": -1, "case_paths": [ "/ill/100/0554-01" ] }, { "cite": "89 Ill. 246", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 826350 ], "opinion_index": -1, "case_paths": [ "/ill/89/0246-01" ] }, { "cite": "98 Ill. 564", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2838029 ], "opinion_index": -1, "case_paths": [ "/ill/98/0564-01" ] }, { "cite": "55 Ill. 160", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5271726 ], "opinion_index": -1, "case_paths": [ "/ill/55/0160-01" ] }, { "cite": "71 Ill. 528", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5312240 ], "opinion_index": -1, "case_paths": [ "/ill/71/0528-01" ] }, { "cite": "17 Johns. 281", "category": "reporters:state", "reporter": "Johns.", "case_ids": [ 6065002 ], "opinion_index": -1, "case_paths": [ "/johns/17/0223-01" ] }, { "cite": "75 Ill. 327", "category": "reporters:state", "reporter": "Ill.", "opinion_index": -1 }, { "cite": "94 Ill. 200", "category": "reporters:state", "reporter": "Ill.", "opinion_index": -1 }, { "cite": "103 Ill. 60", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2803450 ], "opinion_index": -1, "case_paths": [ "/ill/103/0060-01" ] }, { "cite": "100 Ill. 406", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2823049 ], "opinion_index": -1, "case_paths": [ "/ill/100/0406-01" ] }, { "cite": "20 Pick. 252", "category": "reporters:state", "reporter": "Pick.", "case_ids": [ 2038880 ], "opinion_index": -1, "case_paths": [ "/mass/37/0252-01" ] }, { "cite": "12 Ired. 1", "category": "reporters:state", "reporter": "Ired.", "case_ids": [ 8683541 ], "opinion_index": -1, "case_paths": [ "/nc/34/0001-01" ] }, { "cite": "78 Mo. 212", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 484382 ], "opinion_index": -1, "case_paths": [ "/mo/78/0212-01" ] }, { "cite": "2 Dev. Eq. 348", "category": "reporters:state", "reporter": "Dev. Eq.", "case_ids": [ 8691045 ], "opinion_index": -1, "case_paths": [ "/nc/17/0348-01" ] }, { "cite": "128 Mass. 433", "category": "reporters:state", "reporter": "Mass.", "case_ids": [ 726541 ], "opinion_index": -1, "case_paths": [ "/mass/128/0433-01" ] }, { "cite": "3 Allen, 364", "category": "reporters:state", "reporter": "Allen", "case_ids": [ 2098566 ], "opinion_index": -1, "case_paths": [ "/mass/85/0364-01" ] }, { "cite": "89 Penn. St. 333", "category": "reporters:state", "reporter": "Pa.", "case_ids": [ 1063221 ], "opinion_index": -1, "case_paths": [ "/pa/89/0333-01" ] }, { "cite": "2 Barb. Ch. 506", "category": "reporters:state", "reporter": "Barb. Ch.", "case_ids": [ 1995737 ], "opinion_index": -1, "case_paths": [ "/barb-ch/2/0506-01" ] }, { "cite": "23 Wend. 452", "category": "reporters:state", "reporter": "Wend.", "opinion_index": -1 }, { "cite": "3 Denio, 458", "category": "reporters:state", "reporter": "Denio", "case_ids": [ 2187665 ], "opinion_index": -1, "case_paths": [ "/denio/3/0458-01" ] }, { "cite": "1 Ohio, 279", "category": "reporters:state", "reporter": "Ohio", "opinion_index": -1 }, { "cite": "92 N. Y. 375", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2190130 ], "opinion_index": -1, "case_paths": [ "/ny/92/0375-01" ] }, { "cite": "31 Md. 158", "category": "reporters:state", "reporter": "Md.", "case_ids": [ 1774829 ], "opinion_index": -1, "case_paths": [ "/md/31/0158-01" ] }, { "cite": "1 Watts, 475", "category": "reporters:state", "reporter": "Watts", "opinion_index": 0 }, { "cite": "19 N. Y. 344", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 497756 ], "opinion_index": 0, "case_paths": [ "/ny/19/0344-01" ] }, { "cite": "2 Jones' Eq. 75", "category": "reporters:state", "reporter": "Jones Eq.", "case_ids": [ 8684824 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/55/0075-01" ] }, { "cite": "328 Mass. 433", "category": "reporters:state", "reporter": "Mass.", "opinion_index": 0 }, { "cite": "5 Allen, 556", "category": "reporters:state", "reporter": "Allen", "case_ids": [ 2102432 ], "opinion_index": 0, "case_paths": [ "/mass/87/0556-01" ] }, { "cite": "100 Ill. 554", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2822795 ], "opinion_index": 0, "case_paths": [ "/ill/100/0554-01" ] }, { "cite": "78 Mo. 212", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 484382 ], "opinion_index": 0, "case_paths": [ "/mo/78/0212-01" ] }, { "cite": "2 Dev. Eq. 348", "category": "reporters:state", "reporter": "Dev. Eq.", "case_ids": [ 8691045 ], "opinion_index": 0, "case_paths": [ "/nc/17/0348-01" ] }, { "cite": "3 Allen, 364", "category": "reporters:state", "reporter": "Allen", "case_ids": [ 2098566 ], "opinion_index": 0, "case_paths": [ "/mass/85/0364-01" ] } ], "analysis": { "cardinality": 1061, "char_count": 24850, "ocr_confidence": 0.503, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.15431112006916234 }, "sha256": "8eb4ece6c3def9283da3e17eb380645761ab100e95dbb4b2d235373b9693892e", "simhash": "1:b2a52cee5b55bd4d", "word_count": 4381 }, "last_updated": "2023-07-14T15:00:57.020912+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Christiane C. Taubenhan et al. v. Margaret Dunz." ], "opinions": [ { "text": "Moran, J.\nThe question for determination is, what is the correct construction of the words in the last clause of the will, \u201c and all other property of every kind.\u201d\nAppellant\u2019s contention is, that those words are to be construed as bequeathing only property ejusdem generis with loose property in, on and around the homestead, and that as to such portion of his estate as was not specifically disposed of in his will, Charles Medler died intestate.\nIt is contended for appellants that where bequests are made by words of enumeration, \"which are followed in the same clause by collective words, or words of general description, the latter are to be confined to matters ejusdem generis. The earlier cases in England, which are cited by counsel, give a degree of support to .their contention, but an examination of those cases shows that a rule can not be drawn from them, as each case depends upon the peculiar phraseology of the will.\nIn Rawlings v. Jennings, 13 Vesey, 39, where the bequest was to the wife, of certain bank stock, together with all testator\u2019s \u201chousehold furniture and effects, of what nature or kind soever,\u201d that he might be possessed of at the time of his decease, the master of rolls held that the bequest was to be confined to articles of the nature of those specified, and did not comprise the general residue. But immediately following the general clause of the will, the testator gave bequests of money to different persons, and among others a pecuniary legacy to his said wife, and the court laid stress on that fact, observing that part of the property being given to her afterward, the word effects must receive a more limited construction.\nMr. Jarman, in his work on Wills, remarks on this case, that \u2022\u00bfhe words of the will were very general, \u201c but the manner in which the testator, after making the bequest in question, had g..ne on to give specific and pecuniary legacies, seemed hardly reconcilable with the supposition that the prior gift to the wife was intended to embrace the general residue, as it is more natural, though certainly not invariable, for the testator to reserve his residuary disposition until the end of his will.\u201d\nIn Dole v. Johnson, 3 Allen, 364, by the third clause of the will, the testator gave to his wife \u201c all my real and personal estate * * so long as she shall remain my widow.\u201d By the fourth clause he gave \u201call my household furniture, wearing apparel and all the rest and residue of my personal property.\u201d The personal estate having been in one clause for life and the personal property in the other absolutely, the court considering that the things named in the fourth clause are chattels of strictly personal use, regard the meaning of the whole will as made more consistent by restricting the word property in that clause to chattels ejusdem generis with those enumerated therein, and regarding productive personal property as covered by the words \u201call my personal estate,\u201d in which not an absolute but a life interest was given by the third clause of the will.\nBut in the later case of Brown v. Cogswell, reported in 5 Allen, 556, the same judge held that under a clause of a will giving \u201c all my household furniture, wearing apparel and all the rest and residue of my personal property, saving-and excepting one feather bed,\u201d the legatee therein named took the whole of the residue of testator\u2019s personal property, although no intention is expressed in the will to dispose of the testator\u2019s whole estate, and the will, in subsequent clauses, gives various specific legacies in money, and although various collateral heirs at law of the testator, one of whom is nearer in degree than the legatees therein named, are not mentioned in the will. It was argued that the case was governed by Dole v. Johnson, and the court observed that while no reason was seen to question the correctness of that decision, yet it was to be observed \u201c that it was a case of great difficulty, by no means free from doubt, and which carried the doctrine upon which it rests as far as it can safely extend.\u201d\nJohnson v. Goss, 328 Mass. 433, was a case like Dole v. Johnson, in that the court makes the same distinction between articles of personal use and convenience and personal property of a productive nature, such as mortgages and bank stock. The bequest was \u201c all my personal property, my household effects, horse and carriage, my life insurance and two mortgages on real estate,\u201d which are described. The court said, \u201c It is clear beyond doubt that the testator did not intend to use the words \u2018all my personal property,\u2019 in their ordinary sense, because he proceeds to give his wife and other legatees large portions of his invested and productive personal property. And it was accordingly held that mortgages not described by the testator in the clause did not pass under the terms.\nIn Fraser v. Alexander, 2 Dev. Eq. 348, the testator directed, that \u201call my property, consisting of lands, stock of every kind, household and kitchen furniture, wagon and farming tools, be sold at public sale, and the money thence arising \u201d to be given to three certain churches. It was claimed that negro slaves passed by the general words \u201c all my property.\u201d The court held that the words following, viz: \u201c stock,\u201d etc., qualified the use of the preceding larger term, but the decision is made to rest mainly on the fact that the negroes are -referred to in another clause. The court say: \u201c But whatever doubt might arise on that clause standing by itself, it is removed by the subsequent one, which relates to the negroes specially. From that it is clear they were not intended to pass by the first, because they are directed to be disposed of by private sale, a manner different from the articles enumerated in the first. This difference being in the contemplation of the testatrix, she must be considered as purposely withholding them from the former provision for the sale of the latter, although she afterward makes no actual disposition of the proceeds that does not bring the proceeds again within the operation of the clauses from which they had been designedly excluded.\u201d\nFarish v. Cook, 78 Mo. 212, is simply an adjudication that the words in a will \u201c all my worldly goods,\u201d do not embrace real estate where the context of the will shows that they were not understood to do so by the testator ; the court say, \u201cBut the subsequent language indicates by its enumeration, that he did not intend it should include real estate, for he continues, \u2018 consisting of household furniture, clothing, beds and bedding, money and cattle.\u2019 He wills her his worldly goods, and tells what they are, thus restricting the meaning to personal property. He next wills the debts due him, which, as rights of action, do not ordinarily fall under the designation of 1 goods.\u2019 He next proceeds to dispose of his real estate, making special mention of it, which naturally excludes that kind of property from the operation of the language which he had restricted to certain kinds of personal property.\u201d\nIn Wrench v. Jutting, 3 Beav. 521, the testator gave \u201c all his household furniture, plate, linen, china, books, pictures and all other goods of whatever kind,\u201d and then proceeded to declare that certain specified portions of his property should be divided as follows: \u201c\u00a350 to B, \u00a3100 to C, etc.; \u00a33,000 to \u00a31,000 or whatever remaining sum or sums, to A.\u201d Lord Langdale said that if the first clause had been the only one in the will there would have been strong reason for extending the operation of the words \u201c all other goods,\u201d but that the testator showed by subsequently stating his intention as to a particular part of it that he used the words in a restricted sense.\nTernewill v. Perkins, 2 Atk. 102, held that the words \u201c whatever I have or shall have at my death,\u201d were restrained by the enumeration in\" the words, \u201c as plate, jewels, linen, household goods,\u201d etc.\nPippen v. Ellison, 12 Iredell L. 61, cited by counsel to show that the word \u201cproperty,\u201d as used in the will under consideration, would not include choses in action, is modified by the court in Hurdle v. Outlaw, 2 Jones\u2019 Eq. 75, where it is said that the restricted meaning which the court in the former case applied to the word, \u201cproperty\u201d was not necessary to the decision, and the judge who wrote the opinion in the former case, states that in it he was guilty in that regard of uttering an obiter' dictum.\nHotham v. Sutton, 15 Vesey, 319, is cited by counsel for the statement of Lord Eldon that it appears to be settled that the words, \u201c other effects \u201d in general, mean effects ejusdem generis, but the case shows that it appearing from the context that the testator understood the words in the large sense, they were so construed, and everything but money, which was specially excepted, was held to pass under a bequest of \u201c plate, linen, household goods and other effects (money excepted).\u201d\nIn Crichton v. Lymes, 3 Atk. 61, the words \u201c all my goods, wearing apparel of what nature soever, except my gold watch \u201d were held not to include the entire personal estate, Lord Harwicke, saying: \u201c This was not intended to be a residuary clause, for she afterward gives a legacy of \u00a350.\u201d\nCollin v. Squire, 3 Russ. 467, held that the stock which had been included in a prior marriage settlement, could not reasonably be considered to pass under the words, \u201cevery other article belonging to me both in and out of my house and which may not be mentioned herein.\u201d\nFrom the foregoing statement of the grounds of decisions in the cases cited and relied on by appellants, it is apparent that, while they give general support to the doctrine that general words will receive a limited construction when preceded or followed in the bequeathing clause by words of enumeration, yet in nearly every case the construction was based, not merely on the fact of the enumeration and the general words found in the same clause, but mainly and in some of the cases wholly, upon the ground that from subsequent bequests made by the testator in the will, it was demonstrated that he used the general words in the restricted sense, and did not suppose or intend them to carry the residue of his property.\nA few cases furnish instances where the doctrine contended for seems to have been carried very far, but they are among the early decisions, and are not followed in the more modern cases. Fir. Bedfield in his work on Wills, Vol. 1, 442, note, says that \u201c The courts of equity, even in England, do not seem to apply the rule ejusdem generis with so much strictness as formerly.\u201d In support of this observation many cases might be cited. In Nugee v. Chapman, 29 Beav. 290, Lord Romilly said: \u201c In these cases, where general words are construed to be ejtisdem generis with the particular words which preceded them, there is often a great refinement of law, and the construction given is not always that which was intended by the testator himself. It is not uncommon for persons who intend to include everything and who do not write accurately, to specify many items and then to add a general expression.\u2019\u2019 And the court determined that under a bequest as follows: \u201c As regards my worldly goods I give and bequeath all my furniture, plate, books and other personalty, to my wife,\u201d the wife took everything.\nIn Grover v. Davis, 29 Beav. 222, the bequest was to the wife, of clothing, balance of clothing, money due and to become due. \u201c Also the whole of my property and effects, that is to say my box, clothes, bedding, etc., etc., I bequeath to my wife,\u201d was held to convey the whole residue, including a reversionary interest in real estate.\nIn Swinfen v. Swinfen, 29 Beav. 207, the words \u201c I give to Mrs. Swinfen, my son\u2019s widow, all my estate at Swinfen or thereto adjoining, also all furniture or other movable goods here,\u201d were held to carry the money in the house. The words \u201c movable goods here \u201d were to be taken in their ordinary unconfined sense, and were not to be cut down by their being preceded by the word \u201cfurniture.\u201d\nIn Bennett v. Bachelor, 3 Brown\u2019s Ch. 26, the will, after devising to one Jenny Powell, real estate, and giving her specific bequests, gave to her also \u201c all my household goods, books, linen, wearing apparel, and all other not before bequeathed goods and chattels that I shall be in possession of at the day of my decease (except the plate and legacies before and hereafter given and bequeathed); also I give and bequeath unto said Jenny Powell all money that shall be due from tenants and other persons.\u201d\nIt was contended that this would not pass leasehold estates, or money in the funds, but it was held a good residuary clause.\nIn Dean v. Gibson, 3 L. R. Eq. Cases, 713, the will was \u201c that my personal property, consisting of money and clothes, shall be equally divided among my three sisters.\u201d All the personal property was held to have passed, the court saying; \u201c She attempted to enumerate the items of which her personal estate consisted and failed to mention them all.\u201d There was no other bequest.\nIn Hodgson v. Jex, L. R. 2 Ch. D. 122, the bequest was \u201c I give and bequeath to my sister, Anne Gray, for the term of her natural life, all my furniture, plate, linen, and other effects that may be in my possession at the time of my death.\u201d In addition to the property mentioned in the will, testator left two promissory notes and money in the bank. The court say : It is alleged that the words \u201c other effects,\u201d are to be cut down so as to mean that which is something like furniture, plate or linen. But the answer is, that the words of a will ought to have their natural meaning given them, unless there is some contrary intention appearing in the will. The mere fact that the testatrix enumerates some items before the words \u201c and other effects,\u201d does not alter the proper meaning of those words. The residuary personal estate was held to pass.\nIn Arnold v. Arnold, 2 Mylne & K. 366, the bequest of \u201c my wines and property in England,\u201d was held to apply to testator\u2019s property in England of every description and was not confined to property ejusdem generis with the wines. Sir John Leach, hi. R., said: \u201c That the mere enumeration of particular articles followed by a general bequest, does not of necessity restrict the general bequest is obvious, because, as has been stated, a testator often throws in such specific words and then winds up the catalogue with some comprehensive expression, for the very purpose of preventing the bequest from being so restricted. Clearly, therefore, in the ordinary case, the gift of the wines would not be limited by the occurrence of the subsequent word \u2018 property \u2019 which, be it observed, is as large and comprehensive a term as can possibly be used. * * * Indeed I have been unable to discover any instance in which the word property has been confined to articles of the description above enumerated, unless where other expressions occurred, from which it was clear that the word was not there used in its ordinary sense. The cases on this subject naturally \u2022turn upon very nice distinctions; in most of them the general bequest sought to be restricted has been of \u2018 effects,\u2019 and I know of none in which the question has arisen on the word \u2018 property,\u2019 unless when it lias been introduced by way of exception or qualification to the prior gift.\u201d\nThe rule is now well established by the later English cases, that words of comprehensive import in a bequest should receive their full extent of operation unless some very distinct ground can be derived from the context for regarding them as employed in a special and restricted sense. In addition to the cases above quoted from in support of this view, the following English and American cases may be cited: Martin v. Glover, 1 Coll. 269; In re Kendall, Trustee, 14 Beav. 608 ; Fleming v. Burrows, 1 Russ. 244; Jarnagin v. Conway, 2 Humph. (Tenn.) 50 ; Hurdle v. Outlaw, 2 Jones\u2019 Eq. 75 ; Bunting v. Harris, Phill. Eq. 11.\nThe words used in different wills are so various that but little aid can be obtained in construing any particular one from decided cases. The will under consideration is obviously inartificially drawn. The bequests are all to one person, and the final clause is as broad and comprehensive as could possibly be used. \u201c All other property of every kind \u201d would carry all the property specifically bequeathed as well as everything else of which the testator was possessed at the time of his death. Unless these words are limited by the enumeration of loose property on and around the homestead, which precedes them, they must be giyen their full ordinary meaning and force. There is nothing in the will except that specific devises and bequests are made to the same person to whom the general bequest is made, and the enumeration of the loose property around the homestead that can furnish any argument for limiting the general words. These general words are the last bequeathing words in the will, and thus occupy the position that is naturally and usually given to a residuary clause. The whole context of the will must be regarded and each word and sentence must be given its ordinary meaning and operation, and must not be restricted unless such restrictioh is necessary to carry out the plain intention of the testator.\n\u201cThe language used shall receive its ordinary interpretation, except where some other is necessary or clearly indicated.\u201d Christie v. Phyfe, 19 N. Y. 344.\nThe reasons drawn by counsel for appellants from the form in which the will is drawn, and from the\" fact that the beneficiary under the will had no claims on the testator, and his next of bin are not mentioned or provided for, are not without some force, but as reasons for a restricted construction of the broad words of this will, they are too slight and equivocal, and rest too much upon a foundation of surmise and conjecture to furnish that evidence of intention which, by the rule established by the cases we have quoted, is required to control such words. There is another rule, the application of which to the construction of this will, leads to the same result. \u201c It is presumed that a testator, when he makes and publishes his will, intends to dispose of his whole estate, unless the presumption is rebutted by its provisions or evidence to the contrary.\u201d Higgins v. Dwen, 100 Ill. 554.\nIt is true, as counsel argues, that the law favors the heir to the extent that the heir will take what is not, by the words of the will, devised or bequeathed to another, but in the words of Gibson J., in Stehman v. Stehman, 1 Watts, 475, \u201c No presumption of an intent to die intestate as to any part of an estate is to be made where the words of the testator will carry the whole.\u201d\nThe words of this will are, as we have seen, broad enough to carry the whole, and the law presumes that was the testator\u2019s intention. The judgment of the circuit court was correct and must be affirmed.\nJudgment affirmed.", "type": "majority", "author": "Moran, J." } ], "attorneys": [ "Mr. James Shaw, Mr. Wm. Vocke and Mr. Harvey Storck, for appellants;", "Mr. James M. Hunter and Mr. George L. Hoffman, for appellee;" ], "corrections": "", "head_matter": "Christiane C. Taubenhan et al. v. Margaret Dunz.\n1. Wills\u2014Bequest\u2014Words oe comprehensive import.\u2014Words of comprehensive import in a bequest, should receive their full extent of operation, unless some very distinct ground can be derived from the context for regarding them as employed in a special and restricted sense.\n2. Presumption that testator intends to dispose oe his whole estate.\u2014It is presumed that a testator, when he makes and publishes his will, intends to dispose of his whole estate, unless the presumption is rebutted by its provisions or evidence to the contrary.\n3. Same.\u2014While the law favors the heir to the extent that the heir will take what is not, by the words of the will, devised or bequeathed to another, no presumption of an intent to die intestate as to any part of an estate is to be made, where the words of the testator will carry the whole.\n4. All bequests to one person\u2014Words conveying whole estate. \u2014-Where the bequests in a will were all to one person (not related to the testator) and the last bequeathing words were \u201calso all the loose property in, on and around the homestead, consisting of one cow, two hogs and a lot of wood and all other property of every kind,\u201d and besides the property specifically devised by the will, the testator owned another lot and chattel property, furniture, notes, accounts, etc., held, that the words \u201cand all other property of every kind \u201d carried the whole estate.\nAppeal from the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding.\nOpinion filed November 8, 1886.\nThis is an appeal from an order of the Circuit Court of Carroll county, dismissing the petition of appellants, which was filed in the County Court of Carroll county, and which alleged that appellants were the sisters and only heirs at law of Charles Medler, deceased, and claimed that they are entitled, as such heirs at law, to all the property left by the said Challes\" Medler, remaining after the payment of the specific legacies mentioned in the will, and that all such specific legacies had been paid.\nThe last will and testament of Charles Medler, deceased, is in words and figures following, to wit:\nIn the name of God, amen:\nI, Charles Medler, of the age of sixty-nine years, of the city of Mount Carroll, in the county of Carroll and State of Illinois, being of sound mind and memory, do make, publish and declare this my last will and testament in the manner followring, that is to say: I will and direct that all my just debts\nand funeral expenses be paid in full. Second. I give and bequeath unto my friend, Margaret Dunz, the homestead and all the lots and parcels of land adjoining, being lots 2, 3 and 4; also a strip of land twenty-three feet in width off the north side of lot 7, all in block lo, in the N. Halderman plat of the town, now city, of Mount Carroll; also one lot in the east part of the city of Mount Carroll now owned by me and described by deed; also all interest I now have in a certain promissory note for two hundred dollars, given by Charles Stober, dated November 19, 1873, and secured by a certain trust deed of the same date, on lot 11, in block 5, in West Carroll, as laid out by David Eminert, and signed by Charles Stober and wife; also three thousand dollars in money, to be paid to her by my executor; also all the loose property in, on and around the homestead, consisting of one cow, two hogs and a lot of wood, and all other property of every kind.\nLastly, I hereby revoke and annul all former and other wills by me made.\nIn witness whereof, I have hereunto set my hand and seal this thirty-first day of December, 1882.\nCarl Medler. [seal.]\nAttestation of witnesses.\nThe inventory of the estate shows that besides the real estate specifically devised by the will, the deceased owned another lot valued at about \u00a770, and chattel property consisting of furniture, liquors, etc., value not given, cash on hand at the time of the decease, \u00a7849 and notes and accounts, face value \u00a78,489.\nMr. James Shaw, Mr. Wm. Vocke and Mr. Harvey Storck, for appellants;\nthat the heir is not to be disinherited unless by express words or necessary implication, cited 1 Redfield on Wills, *426 ; Saylor v. Plaine, 31 Md. 158; Wood v. Mitcham, 92 N. Y. 375; Crane v. Doty, 1 Ohio, 279 ; Areson v. Areson, 3 Denio, 458; Moone v. Heaseman, Willes, 141; Hay v. Earl of Coventry, 3 T. R. 83; Moore v. Denn, 2 B. & P. 247; Wheaton v. Andress, 23 Wend. 452; Haxtun v. Corse, 2 Barb. Ch. 506; Grim\u2019s Appeal, 89 Penn. St. 333.\nWhere bequests are made by words of enumeration, which are followed in the same clause by collective words, or words of general description, the latter may be confined to matters ejusdem generis: Rawlings v. Jennings, 13 Ves. 39; Dole v. Johnson, 3 Allen, 364; Johnson v. Goss, 128 Mass. 433; Fraser v. Alexander, 2 Dev. Eq. 348; Parish v. Cook, 78 Mo. 212; Wrench v. Jutting, 3 Beav. 521; Timewell v. Perkins, 2 Atk. 102; Pippin v. Ellison, 12 Ired. 1 L. 61; Hotham v. Sutton, 15 Ves., Jr., 319; Cook v. Oakley, 1 Peere W., 302; Collier v. Squire, 3 Russ. 467; Crichton v. Symes, 3 Atk. 61; Bullard v. Goffe, 20 Pick. 252; Doe v. Bowt, 7 Taunt. 79.\nMr. James M. Hunter and Mr. George L. Hoffman, for appellee;\nas to the construction of wills, cited Updike v. Tompkins, 100 Ill. 406; Blanchard v. Maynard, 103 Ill. 60 ; Welsch v. Belleville Savings Bk., 94 Ill. 200; 1 Bedfield on Wills, 429; Ill. Land & Loan Co. v. Bonner, 75 Ill. 327; Hardle v. Outlaw, 2 Jones Eq. (N. C.) 75 ; Jackson v. Hansel, 17 Johns. 281; Heslop v, Gatton, 71 Ill. 528; Bergan v. Cahill, 55 Ill. 160 ; Johnson v. Johnson, 98 Ill. 564; Rountree v. Talbot, 89 Ill. 246.\nIt is presumed that a testator, when he makes and publishes a will, intends to dispose of the whole of his estate, unless the presumption is rebutted by its provisions or evidence to the contrary: Higgins v. Dwen, 100 Ill. 554; Irwin v. Zane, 15 W. Va. 646 ; Jarman on Wills, 4th Ed., 143 (n) C." }, "file_name": "0262-01", "first_page_order": 258, "last_page_order": 269 }