Deemer v. Kessinger
Illinois Supreme Court
Appeal from the Circuit Court of Pike county; the Hon. A. Akers, Judge, presiding. This is a bill in chancery filed in the circuit court of Pike county by the appellants, the minor children of William L. Deemer, deceased, by their gudrdian, against . their adult sister, Nina Long, for the partition of one hundred and twenty acres of land located in said county, to which bill Sarah J. Kessinger and others claiming under her are made parties defendant, with the view of…
Read the full summary
Appeal from the Circuit Court of Pike county; the Hon. A. Akers, Judge, presiding. This is a bill in chancery filed in the circuit court of Pike county by the appellants, the minor children of William L. Deemer, deceased, by their gudrdian, against . their adult sister, Nina Long, for the partition of one hundred and twenty acres of land located in said county, to which bill Sarah J. Kessinger and others claiming under her are made parties defendant, with the view of obtaining a holding to the effect that the title to said premises derived by her through mesne conveyances from said William L.…
1Opinion of the CourtChief Justice Hand
The sole question presented for the consideration of this court by this appeal is, did the devise to William D. Deemer in the will and codicil of Jacob Deemer vest a life estate or a fee in William L. Deemer? We are of the opinion the rule in Shelly’s case applies to said devise, and that the fee vested in William L. Deemer and passed by mesne conveyances to and vested in Sarah J. Kessinger, and that the complainants took no interest in said premises under- the will and codicil of Jacob Deemer, deceased. That rule has been stated thus: “Whenever the ancestor takes an estate of freehold, and…
2Cases cited9 opinions
- Baker v. ScottIllinois Supreme Court · 1871
- Fowler v. BlackIllinois Supreme Court · 1891
- Engelthaler v. EngelthalerIllinois Supreme Court · 1902
- Carpenter v. Van OlinderIllinois Supreme Court · 1889
- Ryan v. AllenIllinois Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Webbe v. WebbeIllinois Supreme Court · 1908
- Potter v. PotterIllinois Supreme Court · 1922
- Johnson v. BuckIllinois Supreme Court · 1906
- Miller v. MowersIllinois Supreme Court · 1907
- Haight v. RoyceIllinois Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.