Kost v. Foster

406 Ill. 565, 94 N.E.2d 302 (1950)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

John Kost and his wife conveyed land during their lives to their son for life, and then to the son's children or other issue. The son had seven children (P) and possessed the land from the time of the conveyance until his death in 1949. In 1936, one of the son's children was in bankruptcy. The trustee of his bankrupt estate conveyed his interest in the land to Foster (D). P sued to have the trustee's deed declared void, and for partition of the land according to the interests of the parties. D denied that the trustee's deed was void, and filed a counterclaim alleging that he was the owner of the bankrupt child's interest in the land, and requesting a partition. The lower court found for D, holding that the bankrupt child's interest in the land was vested at the time it was sold by the trustee in bankruptcy. P appeals.