Aloe v. Lowe

The controversy on this appeal is whether the equitable interest of Frank M. Witbeck under the will of Henry Wit-beck in the one-half of the one-third interest in certain real estate devised to Henry J. Witbeck, after the latter’s death was a determinable fee or only a life estate. It was held to be a determinable fee in Lombard v. Witbeck, 173 Ill. 396, and on a former appeal in this cause. (Aloe v. Lowe, 278 Ill. 233.) It is now argued on behalf of the appellees that after the remandment of the cause in Lombard v. Wit-beck, with directions to enter a decree in conformity with the views…