Golladay v. Knock
Illinois Supreme Court
Appeal from the Circuit Court of Coles county; the Hon. M. W. Thompson, Judge, presiding. j) This is an appeal from the circuit court of Coles county in a partition proceeding in which the complainants claim an interest in the real estate in question as grandchildren and heirs of Moses Golladay.
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Appeal from the Circuit Court of Coles county; the Hon. M. W. Thompson, Judge, presiding. j) This is an appeal from the circuit court of Coles county in a partition proceeding in which the complainants claim an interest in the real estate in question as grandchildren and heirs of Moses Golladay. The real estate involved was owned in fee simple by George Golladay at the time of his death, which occurred on the 13th of January, 1854. The interests of the parties in the real estáte depends upon the construction to be given to the second clause of the will of George Golladay. That clause is as…
1Opinion of the Court
]¡Mr. Justice Vickers
delivered the opinion of the court:
The principal question in this case is whether the interest devised to Moses Golladay and his heirs was a vested or a contingent remainder. A vested remainder is a present interest which passes to a party to be enjoyed in future, so that the estate is invariably fixed in a determinate person after a particular estate terminates?! (2 Blackstone’s Com. 168; Haward v. Peavey, 128 Ill. 430.) Reame, in his work on Remainders, on page 2, says: “An estate is vested when there is an immediate fixed right' of present or future enjoyment; an…
2Cases cited9 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Haward v. PeaveyIllinois Supreme Court · 1889
- Smith v. WestIllinois Supreme Court · 1882
- Chapin v. NottIllinois Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Lachenmyer v. GehlbachIllinois Supreme Court · 1914
- Cole v. ColeIllinois Supreme Court · 1920
- Higgins v. WashburnCalifornia Court of Appeal · 1909
- Henkel v. AuchstetterSupreme Court of Iowa · 1949
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