Dempsey v. Dempsey

795 N.E.2d 996 (2003)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Dempsey v. Dempsey

Appellate Court of Illinois, Third District
795 N.E.2d 996 (2003)

  • Written by Rose VanHofwegen, JD

Facts

Ralph Dempsey’s will gave subsequent life estates in property to his wife and his son, with the remainder “to the heirs of the body of my son, David Dempsey, share and share alike, and in fee simple.” When Ralph died, David had three children: David Kevin, Karen, and Ian Dempsey (defendant). Two died before their father, leaving only Ian still living. However, David Kevin had adopted two children, Jennifer and Kevin Dempsey (plaintiffs). Karen devised her estate to Ian. Therefore, Ian, Jennifer, and Kevin were David’s only surviving heirs. Jennifer and Kevin sued Ian for a declaration of rights under Ralph’s will. Ian claimed he was entitled to a two-thirds share because he had inherited his deceased sister Karen’s share. The trial court disagreed and ordered the property distributed per stirpes, one-half to Ian, and the other half to Kevin and Jennifer. Ian appealed, arguing that Ralph’s will created a fee tail estate that vested in David’s children when Ralph died, meaning Karen had a vested one-third interest that she devised to Ian.

Rule of Law

Issue

Holding and Reasoning (Lytton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership