Butterfield v. Sawyer
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. Appellants filed their bill in the circuit court of Cook county for the partition of certain lands in that county, claiming to be the heirs-at-law of Adeline B. Gellatly and tenants in common with appellees, except Roy Gellatly and his guardian. ’ They base their claim of title to the premises in question Upon a certain deed made in February, 1853, by their grandfather, Justin…
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Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. Appellants filed their bill in the circuit court of Cook county for the partition of certain lands in that county, claiming to be the heirs-at-law of Adeline B. Gellatly and tenants in common with appellees, except Roy Gellatly and his guardian. ’ They base their claim of title to the premises in question Upon a certain deed made in February, 1853, by their grandfather, Justin Butterfield, to Adeline Butterfield, his daughter. After setting out the parties thereto, that deed reads: “That the said Justin…
1Opinion of the CourtJustice Wilkin
The habendum clause of the' deed in question here, after creating a life estate in the grantee, Adeline Butterfield, presents what is sometimes termed a contingency with a double aspect. The first event or aspect contemplated is that the grantee should have a child or children, who should take the remainder in fee simple, limited upon the life estate. In the event of the death of the life tenant leaving surviving her no child or children to take the remainder, then the second aspect of the deed was to become effective and vest the remainder in the “heirs generally of the said Adeline…
2Cases cited2 opinions
- Fowler v. BlackIllinois Supreme Court · 1891
- McNeer v. McNeerIllinois Supreme Court · 1892
3Cited by28 opinions
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- In re KnottTennessee Supreme Court · 1917
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Trustees of Schools of Township No. 1 v. BatdorfIllinois Supreme Court · 1955
- Harris Trust & Savings Bank v. JacksonIllinois Supreme Court · 1952
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