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Keywords

plaintifftrialwillappellee
plaintifftrialwillappellee

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Dollander v. Dhaemers, 297 Ill. 274, 130 N.E. 705, 16 A.L.R. 8

Facts

Leopold Dollander owned significant property at his death in 1914, leaving behind a widow and seven children, along with five grandchildren from a deceased daughter. The will specified that upon the widow's death or remarriage, the property would be divided among the children and the grandchildren of the deceased daughter. The dispute arose over whether the grandchildren would inherit per stirpes or per capita, with the trial court ruling in favor of per stirpes.

Leopold Dollander owned significant property at his death in 1914, leaving behind a widow and seven children, along with five grandchildren from a deceased daughter.

Issue

Whether the grandchildren of the deceased daughter take their share of the estate per stirpes or per capita under the terms of the will.

Whether the grandchildren of the deceased daughter take their share of the estate per stirpes or per capita under the terms of the will.

Rule

The court applied the principle that the intention of the testator, as expressed in the will, should guide the distribution of the estate, favoring a per stirpes distribution when the language indicates a class of beneficiaries rather than individual shares.

The court applied the principle that the intention of the testator, as expressed in the will, should guide the distribution of the estate, favoring a per stirpes distribution when the language indicates a class of beneficiaries rather than individual shares.

Analysis

The court analyzed the language of the will, particularly the second section, which grouped the grandchildren as 'the children of Mary Duyvetter' without naming them individually. This grouping suggested that the testator intended for the grandchildren to inherit as a class, thus supporting the trial court's ruling that they would take per stirpes rather than per capita.

The court analyzed the language of the will, particularly the second section, which grouped the grandchildren as 'the children of Mary Duyvetter' without naming them individually.

Conclusion

The appellate court affirmed the trial court's decision, concluding that the grandchildren were to inherit per stirpes, reflecting the testator's intent as expressed in the will.

The appellate court affirmed the trial court's decision, concluding that the grandchildren were to inherit per stirpes, reflecting the testator's intent as expressed in the will.

Who won?

The plaintiffs (appellees) prevailed in the case because the court upheld the trial court's interpretation of the will, which favored a per stirpes distribution for the grandchildren.

The plaintiffs (appellees) prevailed in the case because the court upheld the trial court's interpretation of the will, which favored a per stirpes distribution for the grandchildren.

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