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Seymour v. Heubaum

65 Ill. App. 2d 89 (1965)

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Seymour v. Heubaum

Illinois Appellate Court

65 Ill. App. 2d 89 (1965)

Facts

Effie Seymour died in 1939. In her will, she gave $100 each to her two stepdaughters, described as “my daughters.” She conveyed the rest of her property to her son, William Seymour, to be held in trust during his lifetime. Upon William’s death, the property would go “to his lawful heirs.” A trustee was directed to pay for William’s burial. William died in 1960 and devised all his property to his wife, Margaret Seymour (plaintiff). Margaret brought suit, seeking a judgment declaring that William took a fee-simple interest under Effie’s will and that he thus had the power to convey the property to her. The trial court ruled in Margaret’s favor, eliminating the remainder to William’s heirs and creating a remainder in fee simple in William. William’s heirs (defendants), not including Margaret, appealed to the Illinois Appellate Court.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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