1. Home
  2. Browse Decisions
  3. Ill.
  4. 79 Ill.
  5. 79 Ill. App.2d 38 (1967)
 

POLK v. SWARTZ

Gen. No. 10,790.

79 Ill. App.2d 38 (1967)

222 N.E.2d 911

Fay Polk, et al., Plaintiffs-Appellants, v. Harry L. Swartz, et al., and Unknown Owners, Defendants-Appellees, and Clarence T. Jackson, et al., Defendants-Appellants. Ross C. Swartz, et al., Counter-Plaintiffs-Appellees, v. Fay Polk, et al., Counter-Defendants-Appellants, and Harry Leo Swartz, a/k/a Harry L. Swartz, and Francis E. Swartz, et al., Unknown Owners and Unknown Parties Having an Interest in the Real Estate Known and Described as Follows: The Northeast Quarter of Section 34, Township 20 North, Range 5 East of the Third Principal Meridian in Piatt County, Illinois; and Harlow Stensel, As Executor of the Estate of Hattie E. McConnel, Deceased, Counter-Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

January 12, 1967.

Attorney(s) appearing for the Case

John D. Carson, of Urbana, and Philip C. Zimmerly and Lloyd S. Engert, of Champaign, for appellants.

Robert P. Shonkwiler and Arnold Sievers, of Monticello, for appellees.

SMITH, J.

The trial court construed the will of Jacob H. Swartz as vesting a remainder interest in fee in brothers and sisters or their successors and decreed partition accordingly. Appellants' contention is that a defeasible interest was devised by the will and deeds made by two remaindermen were void, thus making the decretal distribution erroneous.

After providing for payment of debts and funeral expenses, the will read as follows:

"... Second...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases