Citations
- 31 Ill. 364
Full opinion text
Mr. Justice Beeese
delivered the opinion of the Court.
This was an action of ejectment brought in the Circuit Court of La Salle county, to recover the possession of a certain tract of land there situate. A verdict and judgment was rendered for the plaintiffs, and the case brought here by writ of error.
The following facts were agreed: Both parties claim title from Samuel Lapsley, ‘deceased, who died in La Salle on the 21st of June, 1839, seized in fee of the premises in question. The plaintiffs are the heirs at law of Lapsley, and, as such, had Lapsley died intestate, would have been entitled to T\\ párt of the premises described in the declaration. The defendant was in possession of the premises, claiming title thereto, at the time of the commencement of the suit.
Lapsley, prior to his death, and while of sound mind and memory, executed, published and declared his last will and testament, by which he directed that all his debts and funeral effects should be paid so soon after his decease as possible, out of the first moneys that should come into the hands of his executors from any portion of his estate, real or personal. He then bequeathed to certain persons named, one thousand dollars each, to be paid to them respectively, when they became of age, or married; the same to be kept out to interest at the discretion of his executors, and the interest accruing thereon, to be applied to their education and maintenance respectively, until their said respective ages or marriages, etc. He also bequeathed to Julius C. Coe, one thousand dollars, as well for the respect he bore toward him, as for his kindness and attention to the testator during his sickness. He also bequeathed to the children of his sister, one thousand dollars each, to be paid as they became of age or married, and to be put out to interest at the discretion of his executors, and the interest to be applied to their education and maintenance. Then follows this clause: