DAWSON v. YUCUS 97 Ill. App. 2d 101, 239 N.E. 2d 305 (1968) CASE BRIEF

DAWSON V. YUCUS

97 Ill. App. 2d 101, 239 N.E. 2d 305 (1968)

NATURE OF THE CASE: Dawson (Ps), surviving beneficiary and assignees, appealed an order, which determined that they were not entitled to an interest in a will because the clause at issue was not a class gift.

FACTS: Testatrix devised half of her interest in certain farm lands to each of two of her husband's nephews. One of the nephews, Burtle, predeceased Testatrix. The other nephew, Wilson, sued to construe the devise of the farm land as a class gift, so that he was entitled to Testatrix's entire interest in the land. He later conveyed the interest in the land which he allegedly derived from Burtle to Burtle's surviving children (P). The executrix and residual beneficiaries under the will (D), argue that the devise was a gift to the nephews individually, and that the gift to Burtle, by reason of his death before Testatrix, passed into the residuary of the estate. The lower court found that Burtle's death prior to Testatrix's created a latent ambiguity in the will, and allowed extrinsic evidence regarding Testatrix's intent to create a class gift. This evidence established that Testatrix wanted the land to go to her husband's relatives, and that she specifically named Burtle and Wilson because they were the only members of the husband's family with whom she had maintained contact. The court held that Testatrix had intended to make a gift to Burtle and Wilson as individuals, and the gift was therefore not a class gift. P appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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