DEMPSEY v. DEMPSEY

No. 3-02-0816.

795 N.E.2d 996 (2003)

342 Ill. App.3d 969

277 Ill.Dec. 328

Jennifer Corrinne DEMPSEY and Kevin John Dempsey, Plaintiffs-Counter-defendants-Appellees, v. Ian RANN DEMPSEY, Defendant-Counter-plaintiff-Appellant.

Appellate Court of Illinois, Third District.

August 18, 2003.


Attorney(s) appearing for the Case

Sean M. Anderson (argued), Dean B. Rhoads, Sutkowski & Rhoads, Ltd., Peoria, Kristin L. Cantu (argued), McDermott, Will & Emery, Chicago, for Ian Rann Dempsey.

Jeffrey G. Sorenson (argued), Janice M. Powell, Howard & Howard Attorneys, P.C., Peoria, for Jennifer Corrinne Dempsey, Kevin John Dempsey.


Justicce LYTTON delivered the opinion of the court:

Plaintiffs, Jennifer and Kevin Dempsey, and defendant, Ian Dempsey, are the only surviving descendants of David Dempsey (David). Shortly after David's death, both parties petitioned the circuit court to determine their interests in certain real property devised in his father Ralph Dempsey's will. The circuit court found that the conveyance created a contingent remainder in David's heirs, which vested upon his death...

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