Appellate Court of Illinois August 18, 2003, 3-02-0816 (Dempsey v. Dempsey)

JUSTICE LYTTON

delivered the opinion of the court:

Plaintiffs, Jennifer and Kevin Dempsey, and defendant, Ian Dempsey, are the only surviving descendants of David Dempsey (David). Shortly after David’s death, both parties petitioned the circuit court to determine their interests in certain real property devised in his father Ralph Dempsey’s will.