Margaret B. Seymour, Individually and as Successor Trustee Under the Will of Effie J. Seymour, Deceased, Plaintiff-Appellee,
v.
Walter Heubaum, et al., Defendants-Appellants.
Appellate Court of Illinois — Second District.https://leagle.com/images/logo.png
November 22, 1965.
November 22, 1965.
Attorney(s) appearing for the Case
Carbary, Carbary & Chapski, and Robert I. Burstein, all of Elgin (George D. Carbary, Robert A. Chapski and Robert I. Burstein, of counsel), for appellants.
Daniel M. Schuyler, of Chicago, and Ben Rifken, of Elgin (Daniel M. Schuyler and Ben Rifken, of counsel), for appellee.
Appellate Court of Illinois — Second District.
MR. JUSTICE DAVIS delivered the opinion of the court.
[1] This is a suit seeking construction of a will and a declaratory judgment that plaintiff is owner in fee simple absolute of certain real estate. The issue before the court is the applicability of the rule in Shelley's case to a certain devise contained in the will of Effie Seymour, who died in 1939. If the rule is applicable under the language of the will, its abrogation by statute in 1953 (Ill...
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