Quimbee logo
DMCA.com Protection Status
From our private database of 15,900+ case briefs...

Kost v. Foster

Supreme Court of Illinois
94 N.E.2d 302 (1950)

Facts

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.

Rule of Law

Issue

Holding and Reasoning (Daily, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 344,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,900 briefs, keyed to 219 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.

Here's why 344,000 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.
  • 15,900 briefs - keyed to 219 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.