KOST V. FOSTER
406 Ill. 565, 94 N.E.2d 302 (1950)
NATURE OF THE CASE: This was an action to partition real property. Appealed. Kost (P)
challenged a decree for partition of real estate at Foster's (D) request in a bankruptcy
proceeding, claiming D had a contingent remainder which would not pass to a trustee in
bankruptcy.
FACTS: John Kost and his wife conveyed land during their lives to their son for life, and
then to the son's children or other issue. The son had seven children (P), and possessed the
land from the time of the conveyance until his death in 1949. In 1936, one of the son's
children was in bankruptcy. The trustee of his bankrupt estate conveyed his interest in the
land to Foster (D). P sued to have the trustee's deed declared void, and for partition of
the land according to the interests of the parties. D denied that the trustee's deed was
void, and filed a counterclaim alleging that he was the owner of the bankrupt child's
interest in the land, and requesting a partition. The lower court found for D, holding that
the bankrupt child's interest in the land was vested at the time it was sold by the trustee
in bankruptcy. P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment