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This section contains the nature of the case and procedural background.

John's will stated, 'I will and bequeath all the remainder of my property… to… my daughter, Lucile Margarite Louise Franke… to have and to hold for and during (her) natural life… and at death…, one-half of the remainder and fee thereof to the child or children of my daughter, Lucile Margarite Louise Franke, if any, and one-half thereof to the Theological Lutheran Church at Chicago, Illinois… if my said daughter shall die without children surviving, then the entire remainder thereof shall go to the said Seminary.' John's estate has been closed and the interest of the Theological Seminary has been acquired by Lucile who with her husband, H. L. Popp, individually and as guardian of the minor children, have agreed to sell the real estate demised to D. D declined to pay for and accept the deed without a court decree holding the title to be merchantable. Ps sued D for specific performance. The Chancellor found the title to be not merchantable. This appeal resulted. This issue was whether D would acquire title free and clear of all claims of future born children of the life tenant.

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