Kost v. Foster
Supreme Court of Illinois
94 N.E.2d 302 (1950)
John and Catherine Kost deeded a life estate in real property to their son Ross Kost, with the full estate to pass in equal shares to Ross's children upon his death, or to the children of any child who predeceased him; the deed's language reinforced that Ross himself was to receive only a life estate. While Ross was still alive, his son Oscar Kost filed for bankruptcy, and the bankruptcy trustee sold Oscar's interest in the property to Marshall Foster (defendant). After Ross died, Oscar and his surviving siblings sued to void the trustee's deed and partition the property among themselves; Foster counterclaimed to affirm his interest and include himself in the partition. The circuit court ruled for Foster, and the Kost children appealed.
Whether a deed conveying a life estate in real property, with a fee simple remainder to the life tenant's children upon his death, conveys a vested remainder interest to those children rather than a contingent remainder interest.