Dempsey v. Dempsey
Appellate Court of Illinois, Third District
795 N.E.2d 996 (2003)
Relevant factsFree
Ralph Dempsey's will granted life estates to his wife and son David, with the remainder to the heirs of David's body "in fee simple"; David's daughter Karen predeceased him and devised her purported one-third interest to her brother Ian (defendant), while David's adopted grandchildren Jennifer and Kevin (plaintiffs) sued for a declaration of rights, and the trial court ordered the property split per stirpes with Ian getting half and Jennifer and Kevin splitting the other half.
IssueFree
Whether a life estate with a remainder to the heirs of a living person creates a contingent remainder that vests in surviving heirs upon that person's death.