Dempsey v. Dempsey

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. Defendant appeals, arguing that the remainder vested upon Ralph Dempsey’s death and that he is entitled to a larger share of the estate. We affirm.

FACTS

Ralph Dempsey died in 1956,…