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Sloan v. Beatty

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eBook details

  • Title: Sloan v. Beatty
  • Author : Supreme Court of Illinois
  • Release Date : January 18, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Rehearing denied January 18, 1954. Appellant Walter E. Sloan and Guy F. Beatty filed their complaint in the circuit court of Champaign County seeking a construction of certain provisions of the last will and testament and codicil of Calvin Beatty, deceased, the determination of the rights and interests of the parties in an 80-acre tract of land located in that county, and partition of the real estate according to the respective rights and interests as determined by the court. During the pendency of the proceedings, George L. Beatty, one of the defendants, died, and by order of court the executor of his will and the beneficiaries thereof were substituted as parties defendant. The answer of George L. Beatty was allowed to stand as their answer and the title of the cause remained unchanged. Walter E. Sloan, one of the plaintiffs, and certain of the defendants have appealed from a decree of the trial court denying partition and finding that an absolute fee-simple title to the land in question was vested in George L. Beatty, alone, at the time of his death; that therefore the substituted parties as devisees of his will were the only persons entitled. Since a freehold is involved, the appeal has been brought directly to this court.


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