Shay v. Penrose
Supreme Court of Illinois
185 N.E.2d 218 (1962)
Relevant factsFree
Carol Shay died intestate while four of her real estate parcels remained subject to unfulfilled contracts for deed; her husband Arthur (plaintiff), as personal representative, sued to partition only the two unencumbered parcels, while her sister Penrose (defendant) counterclaimed seeking partition of the four parcels under contract as well, arguing the contracts' validity and enforceability should first be examined.
IssueFree
Whether, under Illinois law, equitable title vests in the vendee at the time a contract for the purchase of real property is executed, such that the death of the vendor prior to full performance of the contract does not devolve title to the vendor's heirs.