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Property Law Keyed to Kurtz
Dempsey v. Dempsey
Citation:Appellate Court of Illinois 3rd District (2003). 342 Ill. App. 3d 969.
Ralph Dempsey died in 1956 and left a will. The will stated that “the remainder interest in said real estate, I give and devise to the heirs of the body of my son, David Dempsey, share and share alike, and in fee simple.”
David had three children: Ian, Karen, and David Kevin. David Kevin had two children, Kevin and Jennifer (plaintiffs), before he passed away. Karen has died. Ian (defendant) is alive.
Plaintiffs and Defendant are trying to determine how the property in the will should be divided.
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Topic OutlineEstates and Future Interests
Topic Refresher CoursesFee Simple Estates and Future Interests Vested and Contingent Remainders and Executory Interests
Topic Charts & NotesRemainders