765 ILCS 1005/1a
Whenever any contract for the purchase of real estate hereafter entered into shows that the title is to be taken by the vendees as joint tenants and not as tenants in common, and one or more of such vendees die before the delivery of the deed to such vendees, then in such case no heir, legatee or legal representative of such deceased vendees shall have or take any right, title or interest under the contract or in such real estate, but the obligation of the vendor or vendors under the contract (upon the performance thereof) shall be to convey such real estate to such surviving vendee or vendees, and if all such vendees die before such delivery then to the heirs or legatees of the last survivor; but nothing herein contained shall operate to change the effect of any assignment by any of the above stated vendees
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(765 ILCS 1005/1a)
(from Ch. 76, par. 1a)
Sec. 1a.
Whenever any contract for the purchase of real estate hereafter
entered into shows that the title is to be taken by the vendees as joint
tenants and not as tenants in common, and one or more of such vendees die
before the delivery of the deed to such vendees, then in such case no heir,
legatee or legal representative of such deceased vendees
shall have or take
any right, title or interest under the contract or in such real estate, but
the obligation of the vendor or vendors under the contract (upon the
performance thereof) shall be to convey such real estate to such surviving
vendee or vendees, and if all such vendees die before such delivery then to
the heirs or legatees of the last survivor; but nothing herein contained
shall operate to change the effect of any assignment by any of the above
stated
vendees.
(Source: P.A. 84-549.)
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2022–2022 · leading case: Westberg v. Barcroft
Westberg v. Barcroft (2022)
“76, ¶ 1a (now codified at 765 ILCS 1005/1a (West 2018), pertaining to contracts for purchase of real estate).”
Westberg v. Barcroft (2022)
“76, ¶ 1a (now codified at 765 ILCS 1005/1a (West 2018), pertaining to contracts for purchase of real estate).”
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