DEMPSEY v. HASS, 334 Ill. App. 81 (1948)

78 N.E.2d 342

Gen. No. 44,267. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed March 29, 1948 Released for publication April 9, 1948

WILLS, § 286[*] — irreconcilable provisions. Under a will making specific bequests, one of which was a bequest of $1,000 to defendant “or residue,” and containing a subsequent provision stating “If estate goes up or down the amounts bequeted [sic] goes up or down in the same proportions to each other as the amounts indicate,” the quoted provision, being irreconcilable with specific bequests and being the later provision, prevailed and hence defendant was not entitled to residue of estate after payment of specific bequests.

Page 82

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Decree affirmed. Heard in the first division, first district, this court at the December term, 1947.

Guilford R. Windes, for appellant;

Burton Hugh Young, of counsel;

Don M. Peebles, for certain appellee;

Nelson, Boodell Grant, Raymond I. Suckoff, Hobart M. Sidler, J. Leonard Rockey and Bobb, Spoerri, Bourland Harris, for certain other appellees;

Raymond I. Suekoff, Peter B. Nelson, Hobart M. Sidler, J. Leonard Rockey and Herman C. Nagel, of counsel.

Opinion by JUSTICE O’CONNOR.

Not to be published in full. Opinion filed March 29, 1948; released for publication April 9, 1948.