Frazer v. Board of Supervisors

Citations

• 74 Ill. 282

Syllabus

<p>1. Conveyance — to one and heirs of her body. A conveyance of land to an unmarried woman, to have and to hold unto her and the heirs of her body forever, vests in her an estate for life only, and creates a contingent remainder in favor of the heirs of her body who, when born, will take the absolute fee.</p> <p>2. Same — tenant for life cannot defeat estate of remainderman. A grantor who conveys to an unmarried woman real estate, to have and to, hold to her and to the heirs of her body forever, thereby deprives himself of all estate but a contingent reversion, dependent upon the grantee dying without having had issue, and it is not in the power of the grantee, by a reconveyance before issue .born, to defeat the contingent remainder in favor of such issue.</p> <p>3. Covenants for title. Where the owner of land conveys it to another and the heirs of her body forever, and the grantee, before having issue, reconveys to the grantor, he only acquires a life estate during the life of the grantee in the first deed, and if he again conveys the land with covenants that he is seized of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law, in fee simple, his covenant is broken when made, and his grantee may sue and recover upon such breach, notwithstanding he may have been put into possession of the land under his deed.</p> <p>4. Measure of damages —for breach of covenant of warranty. Where there is a covenant in afdeed of conveyance of real estate, that the grantor, at the time of making the deed, was seized of a good, sure, perfect and absolute and indefeasible estate of inheritance in the law in fee simple, and the grantor has in fact only a life estate and a contingent reversion in the land, the grantee may, upon reconveying or tendering a reconveyance, sue and recover for breach of covenant, and in such case'the measure of damages is the amount of the consideration named in the deed, together with taxes paid on the land, and interest, less th