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DOOLEY v. REIMER FARMS, INC.

No. 4-94-0070.

638 N.E.2d 260 (1994)

265 Ill. App.3d 256

202 Ill.Dec. 614

Joy DOOLEY, Plaintiff-Appellant, v. REIMER FARMS, INC., James E. Reimer and Ellen M. Reimer, Donald S. Rutherford and Mary K. Rutherford, and Dorren Mark Heins, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided June 30, 1994.

Attorney(s) appearing for the Case

William A. Allison (argued), Allison & Kelly, Bloomington, for appellant.

Todd E. Bugg (argued), Costigan & Wollrab, P.C., Bloomington, for appellee.

Justice GREEN delivered the opinion of the court:

On October 31, 1968, when a testator named John Dowling died, the anti-lapse provision of section 49 of the Probate Act (1967 Act) stated:

"When a devise or legacy is to a descendant of the testator who dies before the testator and there is no provision in the will for that contingency, the descendants of the devisee or legatee take per stirpes the estate so devised or bequeathed." (Emphasis added....

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