[DOWNLOAD] "Bradshaw v. Lewis" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Bradshaw v. Lewis
- Author : Supreme Court of Illinois
- Release Date : January 21, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Ralph B. Lewis and his wife, Nellie R. Lewis, executed a joint will in which they left everything to the survivor of them, and, in the event of their simultaneous deaths, devised their farm real estate, livestock and machinery to their son, Dayton, and the residue to their five daughters. Nellie died in 1963, and upon her husband's death in 1968 the will was admitted to probate as his will. In a partition proceeding in which the decedent's son and five daughters as his sole heirs at law were parties either as plaintiffs or defendants, the circuit court of Lee County construed the joint will as making a gift by implication of the decedent's undivided one-half interest in a 440-acre farm to his son, Dayton. On appeal, the appellate court reversed and remanded for proceedings consistent with its holding that the will provided for a devise of the real estate to the son only in the event of the simultaneous death of Ralph B. Lewis and Nellie R. Lewis, and that since it was undisputed that their deaths were not simultaneous, the decedent's interest in the farm descended to his six children as intestate property. (Bradshaw v. Lewis (1972), 5 Ill. App.3d 261.) We granted leave to appeal. The 440-acre farm in question was acquired by Ralph B. Lewis and Nellie R. Lewis as joint tenants with right of survivorship in 1944. The joint will, which was drafted by their attorney, was executed by the Lewises on February 14, 1956. The will, after reciting that it was intended to be each of our last will and testament provided in the first paragraph that: it is our will that our debts, joint and several, together with our funeral expenses be fully paid directly after our deaths, respectively, by our son, Dayton R. Lewis. In the second paragraph, each devised to the survivor of them all of the remainder of their estate to have and to hold unto the survivor of us forever. The third paragraph provides as follows: Should our deaths occur simultaneously so that neither survives the other, then we give, devise and bequeath all of our real estate, livestock and machinery to our son, Dayton R. Lewis; all of the rest, residue and remainder of our estate, in the event of our simultaneous deaths, we give, devise and bequeath to our daughters, Ester, Helen, Marian, Pauline and Frances, share and share alike, provided they survive us; in the event any of our daughters do not survive us, their share shall be divided equally among the other daughters surviving. In the fourth and final paragraph, they nominated each other as executor and provided that should our deaths occur simultaneously, so that neither survives the other, then we request that Dayton R. Lewis be appointed executor of this our Last Will and Testament * * *.