Estates, Future Interests, And Illegal Conditions And Restraints in Illinois : With An Historical Introduction And An Exposition of the Principles of Interpretation of Writings, More Especially Wills

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Sheley ^* the remainder after the life estate was to the testator's "children, share and share alike, and if any one or more of them die without an issue, then their share 19 In Chapin v. Crow, 147 111. the life of the life tenant give a 219, the holding was merely that merchantable title, "die" meant at least, die after 20266 111. 11.
the testator's death and before the 21 253 111. 620.
death of the life tenant, so that the 22 276 Hi. 478.
devisee in remainder, who was sub- 23 Ante, § 531.
jec
...t to the gift over, could not in 24 272 111. 95.
627 §534] FUTURE INTERESTS [Ch. XXI shall revert back to my estate and be divided equally between all the surviving heirs. ' ' This was regarded as "in almost the identical language of the devise" involved in Lachenmyer v.
Gehlbach, and ' ' die ' ' was referred, to death prior to the death of the life tenant. ^ In three still more recent cases where the limitations were to X for life, remainder to A, with a gift over on A's death,^^ or death without issue surviving'^s "die" was held to mean, die in the lifetime of the life tenant and not afterwards.


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