WILLS-DISCOVERY OF WILL FOLLOWING ADJUDICATION OF INTESTACY-RIGHTS OF INTERVENING PURCHASERS

At the time of his death in 1945, decedent was the owner of the real estate in question. His estate was administered in the belief that he had died intestate, and the administrator was discharged in August 1946. Thereafter, the property was conveyed by decedent's heirs to buyer, and by buyer in February 1947, to the defendant, a bona fide purchaser. Subsequently, decedent's will was discovered and admitted to probate in December 1947.

By the terms of the will, the plaintiff was entitled to a one-half interest in the land. Plaintiff's complaint, asking partition of the land, was dismissed by the circuit court. On appeal to the Supreme Court of Illinois, held, affirmed. Title obtained by bona fide purchase from the heir after a judicial determination of intestacy is immune from attack by the devisee under a will later probated.

Eckland v. Jankowski, 407 Ill. 263, 95 N.E. (2d) 342 (1950).