Dawson v. Yucus case brief

Dawson v. Yucus case brief summary
239 N.E.2d 305 (1968)

CASE SYNOPSIS

Plaintiffs, surviving beneficiary and assignees, challenged an order from the Circuit Court of Macoupin County (Illinois) that determined that they were not entitled to an interest in a will after concluding that the clause in question was not a class gift.

CASE FACTS
In the testator's will, a clause gave two named beneficiaries a portion of her interest in a farm. One of those beneficiaries predeceased the testator, and the surviving beneficiary filed an action to construe the will, claiming that he was entitled to the entire interest conveyed in the clause because that devise was a class gift. The trial court entered judgment for defendants, executrix and residuary beneficiaries, after concluding that the devise was to two specific individuals and that the gift to the deceased beneficiary lapsed and passed into the residuary.

DISCUSSION

• On appeal, the court affirmed, holding that the clause did not create a class gift and that the gift to the decease beneficiary passed into the residue of the testator's estate under the Illinois Lapse Statute, Ill. Rev. Stat. ch. 3, § 49 (1965). 
• There was nothing in the language of the will that indicated that the testator intended to create a class gift, and her creation of a survivorship gift of the residue of the estate indicated that she knew how to manifest such an intent. 
• Thus, the court concluded that the gift was not made to prevent the operation of the Illinois Lapse Statute, which had to be given its effect.

CONCLUSION
The court affirmed the trial court's order in a will construction case that determined that plaintiffs were not entitled to an interest in a will after concluding that the clause in question was not a class gift.

Suggested Study Aids For Wills, Trusts & Estate Law