Illinois Compiled Statutes
765 ILCS 5/6 (2026)
In cases where, by the common law, any person or persons might hereafter become the owner of, without applying the rule of property known as the rule in Shelley's Case, in fee tail, of any lands, tenements or hereditaments, by virtue of any legacy, gift, grant or other conveyance, hereafter to be made, or by any other means whatsoever, such person or persons, instead of being or becoming the owner thereof in fee tail, shall be deemed and adjudged to be, and become the owner thereof, for his or her natural life only, and the remainder shall pass in fee simple absolute, to the person or persons to whom the estate tail would, on the death of the first grantee, legatee or donee in tail, first pass, according to the course of the common law, by virtue of such legacy, gift, grant or conveyance
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(765 ILCS 5/6)
(from Ch. 30, par. 5)
Sec. 6.
In cases where, by the common law, any person or persons
might hereafter become the owner of, without applying the rule of property
known as the rule in Shelley's Case, in fee tail, of any lands,
tenements or hereditaments, by virtue of any legacy, gift, grant or
other conveyance, hereafter to be made, or by any other means
whatsoever, such person or persons, instead of being or becoming the owner
thereof in fee tail, shall be deemed and adjudged to be, and become
the owner thereof, for his or her natural life only, and the remainder
shall pass in fee simple absolute, to the person or persons to whom the
estate tail would, on the death of the first grantee, legatee or donee
in tail, first pass, according to the course of the common law, by
virtue of such legacy, gift, grant or conveyance.
(Source: P.A. 83-388.)
Notes of Decisions
Cited in 2
cases, 2003–2003 · leading case: Dempsey v. Dempsey, 795 N.E.2d 996 (Ill. App. Ct. 2003).
Dempsey v. Dempsey, 795 N.E.2d 996 (Ill. App. Ct. 2003). “See 765 ILCS 5/6 (West 2000). Thus, defendant would be entitled to his one-third share and the one-third share Karen conveyed to him upon her death, leaving plaintiffs with an undivided one-third share.”
Dempsey v. Dempsey (Ill. App. Ct. 2003). “See 765 ILCS 5/6 (West 2000). Thus, defendant would be entitled to his one-third share and the one-third share Karen conveyed to him upon her death, leaving plaintiffs with an undivided one-third share.”
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