Hartwick v. Heberling, 364 Ill. 523

Summary

The Illinois Supreme Court construed provisions of Jarrett T. Grimes's will and codicil concerning life estates, survivorship gifts, remainders, and the residuary clause. The court held that the residuary clause disposed of the reversionary interest in land devised to Isabella Grimes and affirmed the decree below, including its construction of a related deed as vesting fee-simple title.

Holdings

1. The will showed that death without surviving bodily heirs meant death either before or after the testator. Because James died before the testator without descendants, the substitutionary devise to Florence and Isabella took effect immediately at the testator's death.
2. The second clause vested the described land in Florence and Isabella in fee upon James's death without surviving bodily heirs; the third clause gave Florence a life estate followed by a fee-simple interest in Isabella upon Florence's death without surviving issue; and the fourth clause gave Isabella only a life estate.
3. The broad eighth clause devised the reversionary interest in the land described in the fourth clause and codicil. The residuary devise covered every real-property interest the testator had not otherwise disposed of, so the land ultimately vested in Isabella through the survivorship provision of the residuary clause rather than descending intestate.
4. The 1874 deed vested fee-simple title in Isabella. The deed's fee-simple granting and habendum language controlled over the inconsistent life-estate intention clause, and, even considering the intention clause alone, the life estate and remainder to Isabella's lawful heirs merged under the rule in Shelley's case.

Questions Presented

1. Whether the death of James K. P. Grimes before the testator caused the devise in the second clause of the will to lapse and prevented the substitutionary gift to Florence and Isabella from taking effect.
2. Whether the substitutionary gifts in the second, third, fourth, and eighth clauses were effective upon the specified death without issue and what estates they created.
3. Whether the eighth, residuary clause of Jarrett Grimes's will devised the reversionary interest in the land given to Isabella for life under the fourth clause and codicil.
4. Whether the 1874 deed conveyed a fee-simple estate to Isabella or only a life estate with a remainder to her children and lawful heirs.

Disposition

affirmed