#### Fred Schmidt et al., Appellants, v. Edward Schmidt, Executor, Appellee.

Gen. No. 24,023.

(Not to he reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed June 10, 1918.

Statement of the Case.

Bill for partition by Fred Schmidt and others, complainants, against Edward Schmidt, individually and as executor of the estate of Herman Schmidt, deceased, defendant. From a decree determining that a bequest for $6,000 to defendant was a charge upon the realty, complainants appeal.

See also, Schmidt v. Schmidt, 277 Ill. 191, and 209 Ill. App. 146.

Isidor Plotke, for appellants.

Felix J. Griffen, for appellee; Alonzo M. Griffen, of counsel.

*410Abstract of the Decision.

1. Wills, § 476 * — when legacies are charges on realty. As a general rule, legacies are not charges upon realty unless expressly or impliedly made so hy the terms of the will.

2. Wills, § 476* — when intention that legacy he charge on realty will prevail. If it was the intention of the testator that a legacy should he a charge upon the realty, that intention will prevail, although it is not shown in express words, since it may be implied from the whole will taken together.

3. Wills, § 478* — when legacy is charge on realty. A pecuniary legacy held a charge upon the realty where the will contained a general residuary clause covering all of the remainder of the testator’s property.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, game topic and section number.

Mr. Justice McSurely

delivered the opinion of the court.