Stoller v. Doyle
Supreme Court of Illinois
100 N.E. 959 (1913)
Lawrence Doyle deeded property to Frank Doyle with language reverting title to Lawrence if Frank died childless, and giving Frank's children fee simple upon his wife's death if he had children; Lawrence later issued a second, unconditional deed purporting to remove those restrictions. Frank later sold the property by warranty deed to John Stoller, whose own attempted resale later fell through when a title search revealed the property's marketability was in doubt; litigation over that dispute established the first deed had conveyed a remainder interest to Frank's children that the second deed couldn't destroy. Stoller then filed a quiet-title action, and the circuit court ruled in his favor; the guardian ad litem for Frank Doyle's minor children appealed.
Whether, under 1913 Illinois law, the statute of uses acts to confer title upon the second grantee under a deed that conveys determinable title to the first grantee when the title is subject to reversion upon the occurrence of a specified condition.