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John and Catherine Kost executed a warranty deed granting a life estate in real property to their son, Ross Kost. The terms of the deed provided that the full estate should pass in equal shares to the children of Ross Kost upon his death, or to the children of any child predeceasing Ross. The deed also included language reinforcing the grantors’ apparent intent that the conveyance to Ross be limited to a life estate. One child of Ross, Oscar Kost, filed for bankruptcy while Ross was still alive. The trustee in bankruptcy sold Oscar’s interest in the property and issued a trustee’s deed to Marshall Foster (defendant). After the death of Ross Kost, Oscar and the other surviving children filed suit seeking to void the trustee’s deed and partition the property amongst themselves. Foster filed a counterclaim for judgment affirming his interest in the property and for an order of partition including Foster as a recipient of a portion of the estate. The circuit court ruled in favor of Foster. The Kost children appealed.
The rule of law is the black letter law upon which the court rested its decision.
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The holding and reasoning section includes:
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