Citations
- 220 Ill. 181
Full opinion text
Mr. Justice Wilkin
delivered the opinion of the court:
The only question in this case is whether or not the widow of John Michael Rupprecht, Sibila Barbara Rupprecht, took under her husband’s will an estate in fee simple, which upon her death would descend to the heirs-at-law, or whether, by a proper construction of that will, she took a life estate, the remainder being vested in appellants. This question depends upon whether or not the rule in Shelly’s case is applicable to the second clause of the will. It will be observed that the language of that clause is: “I give, devise, etc., to my beloved wife, Sibila Barbara Rupprecht, to hold and to have to her, my wife, and to her heirs and assigns forever.” Under the repeated decisions of this court, unless it can be said that the words “her heirs and assigns forever” are to be given some limited or qualified meaning,—i.