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HANDY v. SHEARER

Gen. No. 10,834.

81 Ill. App.2d 461 (1967)

225 N.E.2d 414

Russell Handy, Plaintiff-Appellee, v. Sue T. Shearer, et al., Individually and as Executor of the Estate of Lowney T. Handy, Deceased, Vivian T. McClellan, Individually and as Conservator of the Estate of Faye T. Swain, an Incompetent, Faye T. Swain, an Incompetent, Wayne A. Turner, Earl J. Turner, The Handy Colony, an Illinois Corporation Not For Profit, James Jones, The City of Marshall, Illinois, Earl Kile and Doris Kile, Defendants. Sue T. Shearer, et al., Individually and as Executor of the Estate of Lowney T. Handy, Deceased, Vivian T. McClellan, Individually and as Conservator of the Estate of Faye T. Swain, an Incompetent, and Wayne A. Turner, Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

April 10, 1967.

Attorney(s) appearing for the Case

Massey, Anderson, Gibson and Pearman, of Paris (Robert L. Gibson, of counsel), and Sidney J. Wolf, of Chicago, for appellants.

John M. Hollenbeck, of Marshall, for appellee.

SMITH, J.

This suit involves the construction of the second paragraph of the will of Sol Handy, deceased. It reads as follows:

"SECOND — I give and bequeath to my wife, Loudell Handy, all my property, real, personal and mixed, for and during her natural life or widowhood, and at her remarriage or death, to my son, Harry Edwin Handy. In the event of the death of my son, Harry Edwin Handy, before the remarriage or death of my wife, Loudell Handy, then...

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