Remmers v. Remmers
| Decision Date | 23 October 1917 |
| Docket Number | No. 11513.,11513. |
| Citation | 280 Ill. 93,117 N.E. 474 |
| Parties | REMMERS et al. v. REMMERS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Piatt County; George A. Sentel, Judge.
Bill by Jurko Remmers and others against Peter Remmers. Bill dismissed, and plaintiffs appeal. Decree affirmed.J. L. Hicks, of Monticello, for appellants.
Carl S. Reed, of Monticello, for appellee.
Peter Remmers was the owner of 410 acres of land in Piatt county and had four sons and five daughters. He died on October 1, 1913, leaving a last will and testament, by which he provided for the payment of his debts, bequeathed to his wife, Anna Remmers, all his personal property after the payment of debts, absolutely, devised to her all his real estate for and during her natural life, bequeathed to Henry Remmers, one of his sons, $2,000, to be paid him when he should reach the age of 21 years, and devised his town residence in De Land, Ill., in fee simple to Jennie Remmers, one of the daughters. His plan for the disposition of the remainder in the 410 acres after the life estate of Anna Remmers was to make the four sons and five daughters equal, but to give the daughters their shares in money and make the payment of the same charges on the land. To that end he devised to his four sons all his real estate, except the town residence, in fee simple absolute upon their compliance with the condition that his five daughters should receive their proportionate shares of their inheritance in money, at a valuation of $190 per acre. After making that general devise, he devised 210 acres of the land in fee simple to his sons Jurko Remmers and Peter Remmers, on their paying to the daughters the proportionate shares of their interest at a valuation of $190 per acre, and devised the remaining 200 acres in fee simple to his sons John Remmers and Henry Remmers, upon their making like payments to the daughters at the same valuation. These devises were followed by this provision:
‘It is my will also that in the event of the death of any of my children before the death of my beloved wife, then the children, if there be any, of such heirs shall take the shares of their deceased parents in equal parts among them.’
On September 8, 1916, appellants Jurko Remmers and Bertha Remmers, his wife, entered into a written agreement with the appellee Peter Remmers, whereby they agreed to sell and convey to the appellee the undivided one-half of the 210 acres devised to Jurko Remmers and Peter Remmers for $5,025-$525 of which was to be paid on the execution of the contract, and the balance of $4,500 was to be paid on December 1, 1916, when the appellants were to execute and deliver to the appellee a warranty deed conveying to him in fee simple, free from all incumbrances, the said undivided one-half of the lands, subject, however, to the...
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De Korwin v. First Nat. Bank of Chicago
......e., the gift to the descendants of the deceased remainderman — take effect. Remmers v. Remmers, 280 Ill. 93, 117 N.E. 474; McBride v. Clemons, 294 Ill. 251, 128 N.E. 383; Warrington v. Chester, 294 Ill. 524, 128 N.E. 549; Weberpals ......
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In re Landis
......E. 202, 204; Ducker v. Burnham, 146 Ill. 9, 34 N. E. 558, 37 Am. St. Rep. 135; Strickland v. Strickland, 271 Ill. 614, 111 N. E. 592; Remmers v. Remmers, 280 Ill. 93, 117 N. E. 474. In Nicol v. Morton, supra, substantially all of the leading Illinois cases upon vested and ......