Converse v. Byars

I dissent. In my opinion the construction that the supreme court of Illinois gave to a statute of that state, similar to our section 7042, in the case of Schneller v. Schneller, referred to by the majority, is more in accord with natural justice than the conclusions reached by the majority.

The rule is practically universal that the construction of a will must be arrived at from the will itself, extrinsic evidence being inadmissible.

Rehearing denied November 5, 1941. *Page 380