The Law of Real Property And Other Interests in Land volume 1
The Law of Real Property And Other Interests in Land volume 1
Herbert Thorndike Tiffany
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379- Wolfer v. Hemmer, 144 111. 554. in Illinois this doctrine has received an extension which produces a peculiar result. It is there held that a devise over m derogation o a fee-simple estate is invalid because repugnant to the estate in ee simple 'in the first taUer. Which, by its very -ture-^^^-es him the power to dispose of the whole fee. Lambe v. Drayton. 182 111 110^ Sel an article in 14 Harv. Law Rev. 595. For a judicious discussion of fhTs and otht decisions in that state upon the subj...ect of such deviseB over after a fee. This view is peculiar to this state, and is undoubted- ly directly contrary to Pells v. Brown. Cro. Jac. 590. Supra, and num- berless cases decided since in which such a devise has been expressly or impliedly upheld. In the later case, however, of Koeffler v. Koeffl r. 185 111 '>61 which is somewhat difficult to distinguish from the pre- vious case on the facts, it was held that the first taker did not have a fee-simple estate, but a "determinable fee. " and that consequently the devise over was valid.
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