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Shay v. Penrose

Supreme Court of Illinois
185 N.E.2d 218 (1962)


Carol Shay owned six parcels of real estate and entered into contracts for deed with respect to four parcels. Carol Shay died intestate while the contracts for deed were still in effect. Carol Shay’s husband, Arthur Shay (plaintiff), was appointed as the personal representative of the estate. Under Illinois’ laws of intestacy, Arthur Shay was entitled to one half of the real property interests in his wife’s estate. Carol Shay’s sister, Grace Penrose (defendant), was also entitled to a one half interest. Shay commenced an action to partition the two parcels of real estate that were not subject to contracts for deed. Penrose agreed that the two unsold parcels should be partitioned, but counterclaimed seeking partition of the four parcels subject to contracts for deed. The trial court concluded that equitable title to the four parcels had vested in the purchasers at the time the contracts for deed were executed. As such, the trial ruled that the parcels could not be partitioned by heirs of the estate and dismissed Penrose’s counterclaim. Penrose appealed.

Rule of Law


Holding and Reasoning (House, J.)

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