Citation195 Va. 971, 81 S.E.2d 560 (1954) Brief Fact Summary. James J. Braswell, original grantor, in 1903, devised property in a life estate to Nathaniel Braswell, and to Nathaniel’s heirs at his death, but that if Nathaniel died without leaving heirs of his body, then the property was to revert back to James Braswell or James Braswell’s heirs. In this case the original grantor died intestate in 1932 leaving three sons as sole heirs at law (S.J. Braswell, W.H. Braswell, and Nathaniel Braswell the life tenant). Nathaniel Braswell, life tenant, died testate and without issue in 19 ...
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Stoller v. Doyle
Citation257 Ill. 369, 100 N.E. 959 (1913) View this case and other resources at: Brief Fact Summary. Plaintiff Stoller sued children of the life tenant claiming that he had been conveyed fee simple title and that the children’s contingent remainders had been destroyed. Synopsis of Rule of Law. The original deed in this case was a conveyance of fee with limitations over and did not create contingent remainders subject to destruction by the act of the grantor in subsequently conveying the reversion to the grantee. ...
Caccamo v. Banning
Citation22 Ill.45 Del. 394, 6 Terry 394, 75 A.2d 222 (Super. Ct. 1950) Brief Fact Summary. The Plaintiff received certain real estate pursuant to a will of one Benjamin Potter, which was granted in fee simple but in case Plaintiff died without leaving lawful issue of her body then the estate was to be given over to the children of one William Potter in fee simple. Synopsis of Rule of Law. The Plaintiff became seized of a estate tail in the provisions of the will, which by statute can be defeated where, as here, the Plaintiff conveyed by deed a fee simple interest to Defendant. ...
Kost v. Foster
Citation22 Ill.406 Ill. 565, 94 N.E.2d 302 (1950) Brief Fact Summary. The property in question was conveyed by warranty deed in 1897 as a life estate for Ross Kost with the property at his death (1949) to go to his lawful child or children. At the time of the deed Ross Kost had five children, and at the time of his death he had seven living children. One of the children was bankrupt in 1936 and the trustee of the bankruptcy court conveyed his interest to one Marshall Foster. Synopsis of Rule of Law. The remainder is a vested remainder in those remaindermen in being at the time of the deed ...
Abo Petroleum Corporation v. Amstutz
Citation93 N.M. 332, 600 P.2d 278 (1979) Brief Fact Summary. Plaintiff Abo Petroleum Company filed suit to quiet title in lands which were purportedly conveyed to them in fee simple by Beulah and Ruby, life tenants. The daughters of the life tenants contest Plaintiff’s suit. Synopsis of Rule of Law. This Court will refuse to enforce the doctrine of destructibility of contingent remainders which is an ancient English rule which states that if the prior estate terminated before the occurrence of the contingency, then the contingent remainders would be destroyed for the lack of a support ...
Johnson v. City of Wheat Ridge
Citation View this case and other resources at: Brief Fact Summary. In two separate conveyances Samuel Johnson conveyed land to the Wheat Ridge Lions Foundation (five acres) and to Jefferson County, for the custody and management of the Wheat Ridge Recreation Department (fourteen acres), subject to the condition subsequent that the land was to be used for a public park named for the grantor and that the fourteen acre grant was subject to the condition that public water supply and lavatories be placed on the premises within two years of the grant. Synopsis of Rule of Law. The breach of a c ...
Leeco Gas & Oil Company v. County of Nueces
Citation22 Ill.736 S.W.2d 629 (Tex. 1987) Brief Fact Summary. Nueces County received a gift of land from Leeco Gas with the possibility of reversion in Leeco should the land ever be used for any purpose other than a public park. Nueces County sought to condemn the reversion interest of Leeco. Synopsis of Rule of Law. When a governmental entity seeks to condemn a reversionary interest held by the grantor of land under a gift deed, the proper amount of damages is determined by compensating the grantor in an amount which represents the difference between the unrestricted fee and the restricte ...
Oldfield v. Stoeco Homes, Inc
Citation22 Ill.26 N.J. 246, 139 A.2d 291 (1958) Brief Fact Summary. A municipality, Ocean City, owned many undeveloped lots in a swampy condition, which were advertised for sale. The sale of the lots to Defendant Stoeco Homes was subject to a condition that they fill and grade the undeveloped lots within one year or, according to the original deed, the lands would automatically revert back to the municipality. Synopsis of Rule of Law. When determining the nature of a defeasible interest in land, which in this case is between a fee simple determinable with right of reverter or a fee simple ...
Martin v. City of Seattle
Citation22 Ill.46 Wn. App. 1, 728 P.2d 1091 (Ct. App. 1986) Brief Fact Summary. The C.B. Dodge Company, by quitclaim deed in 1908, conveyed to the City of Seattle a narrow strip of land which bordered Lake Washington, so that the city could construct what is now Lake Washington Boulevard. The deed was subject to a condition that the grantor retained, for its successors and assigns, the right to build and maintain a boathouse along the shore of Lake Washington, which the city was responsible for acquiring the land for the boathouse and allowing the building and use of the boathouse. Synopsis ...
Cole v. Steinlauf
Citation22 Ill.144 Conn. 629, 136 A.2d 744 (1957) Brief Fact Summary. The Plaintiffs and the Defendant entered into a contract for the sale of real estate, for which the Plaintiffs made a deposit of $420 and spent $50 to hire an attorney to make a title search prior to the closing date. The title search found a defect in title and Plaintiffs refused to buy the property, after which Defendants refused to return the deposit. Synopsis of Rule of Law. The defect in title alleged herein by Plaintiffs is sufficient to raise a reasonable doubt as to the soundness of the title, and the Plaintiffs ...
Lewis v. Searles
Citation22 Ill.452 S.W.2d 153 (Mo. 1970) Brief Fact Summary. Plaintiff Hattie Lewis instituted this lawsuit to quiet title to certain real estate which was left to her under a provision of a will by Letitia G. Lewis (who was her aunt and owned the land). The provision of the will in question was that Plaintiff was to have the land by herself unless she married, in which case it was to be shared equally by Plaintiff and the late Letitia G. Lewis’ other niece Letitia LaForge and her nephew, James R. Lewis. Synopsis of Rule of Law. The general rule is that a provision in a will which im ...
Moore v. Phillips
Citation22 Ill.6 Kan. App. 2d 94, 627 P.2d 831 (Ct. App. 1981) Brief Fact Summary. Leslie Brannan died owning land and a farmhouse, which he left to his wife a life estate, with the remainder interests to Dorothy Moore and Kent Reinhardt. During the lifetime of the life tenant the farmhouse was allowed to deteriorate and, upon the life tenant’s death, the remaindermen Moore and Kent filed suit against the estate of the life tenant for the waste of the farmhouse. Synopsis of Rule of Law. A life tenant is considered by law to be a quasi-trustee for the benefit of the remaindermen and the ...
In re O’Connor’s Estate
Citation22 Ill.126 Neb. 182, 252 N.W. 826 (1934) Brief Fact Summary. The estate of Decedent John O’Connor escheated (or reverted) to the State of Nebraska for want of heirs. The county of Adams is contending that the State is liable to pay an inheritance tax. Synopsis of Rule of Law. Escheat of lands for want of heirs is not subject to the rules of inheritance, and the State is therefore not liable to pay any inheritance tax. ...
Gruen v. Gruen
Citation68 N.Y.2d 48, 505 N.Y.S.2d 849, 496 N.E.2d 869 (1986) Brief Fact Summary. Plaintiff claims ownership of a valuable painting through a birthday letter from his father which stated that the father intended to give the painting to the Plaintiff, but would like to keep the painting until his death. Synopsis of Rule of Law. As long as there is evidence presented that establishes the intent of a donor to make a present and irrevocable transfer of the property in question, there is some transfer of interest, and the gift is effective immediately. ...
Foster v. Reiss
Citation22 Ill.18 N.J. 41, 112 A.2d 553 (1955) Brief Fact Summary. The decedent wrote a note prior to death which directed her husband to certain money, a savings account and shares in a building and loan association. The husband would not have received the property under the decedent’s will and the Plaintiffs, those responsible for carrying out the will, sued the husband to recover the property. Synopsis of Rule of Law. The doctrine of gift causa mortis is subject to strict requirements, including delivery, which are necessary to limit the application of the doctrine due to the fact ...
Hardy v. Burroughs
Citation22 Ill.251 Mich. 578, 232 N.W. 200 (1930) Brief Fact Summary. Plaintiffs mistakenly built a house upon the land of Defendants, who subsequently took possession of the house. Synopsis of Rule of Law. Plaintiffs may sue for the value of the house built in good faith and mistakenly placed on Defendant’s land, and do not have to prove misconduct by Defendants in ejecting Plaintiffs from the land. If Plaintiffs were deprived of the house without compensation, an injustice would result. ...
Wetherbee v. Green
Citation View this case and other resources at: Brief Fact Summary. Wetherbee (Defendant) made hoops from timber cut from Plaintiff’s land. Wetherbee claimed he so did in good faith, being granted permission for the cutting by a party he thought had the authority to give such permission. Synopsis of Rule of Law. In cases where one trespasses onto the land of another without any intent to trespass, and in good faith, and takes from the land chattels which are then transformed by the unintentional trespasser by his own labor and expenditures into a form which manifests a substantial c ...
Sheridan Suzuki, Inc. v. Caruso Auto Sales
Citation22 Ill.110 Misc. 2d 823, 442 N.Y.S.2d 957 (Sup. Ct. 1981) Brief Fact Summary. Plaintiff Sheridan Suzuki sold a motorcycle to Ronald Bouton, who paid with a bad check and then sold the vehicle to Defendant Caruso Auto Sales the following day. Synopsis of Rule of Law. The common law rule that a thief could never pass good title has been supplanted by the statutory rule that a person receiving goods incident to a transaction involving a dishonored check receives only voidable title. A bona fide purchaser for value can receive good title from a person with voidable title so long as oth ...
McAvoy v. Medina
Citation View this case and other resources at: Brief Fact Summary. Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant to attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded return of the pocket-book, which Defendant refused to give back. Synopsis of Rule of Law. When a customer leaves a pocket-book on the counter of a shop the item is not subject to the historical rules regarding lost property. ...
Schley v. Couch
Citation22 Ill.155 Tex. 195, 284 S.W.2d 333 (1955) Brief Fact Summary. The Petitioner (Defendant at trial) owned a house with a garage which needed to have concrete added on the floor over dirt and Petitioner hired Respondent’s employer to perform the concrete laying, during the course of which Respondent found $1000 which had been buried. Synopsis of Rule of Law. The buried money falls into the category of “mislaid property” rather than “lost property” and creates a bailment in favor of the owner of the real estate upon which the money was found. ...
Allen v. Hyatt Regency- Nashville Hotel
Citation668 S.W.2d 286 (Tenn. 1984) Brief Fact Summary. Appellee (Plaintiff) parked his car in a single entrance/ single exit parking garage taking a ticket and leaving his car locked. When he returned his car was gone. Synopsis of Rule of Law. A bailment for hire was created in this case and when there was non-delivery the Appellee (Plaintiff) was entitled to the presumption of negligence provided by statute. ...
South Staffordshire Water Co. v. Sharman
Citation2 Q.B. 44 (Queen’s Bench 1896). Brief Fact Summary. Plaintiffs hired Defendants to clean a pool situated on Plaintiff’s land, within which, during the cleaning, Defendants found two gold rings and thereafter refused to give the rings to Plaintiffs. Synopsis of Rule of Law. There is a presumption that whenever something is found on a person’s land, possession of that object is maintained by the landowner. ...