Illinois Compiled Statutes
Chapter 765 - PROPERTY
765 ILCS 10/ - Seals and Real Estate Contracts Act.

(765 ILCS 10/0.01) (from Ch. 29, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Seals and Real Estate Contracts Act.

(Source: P.A. 86-1324.)
 
(765 ILCS 10/1) (from Ch. 29, par. 1)
Sec. 1.

That any instrument of writing, to which the
maker shall affix a scrawl by way of seal, shall be of the same effect and
obligation, to all intents, as if the same were sealed.

(Source: Laws 1871-2, p. 277.)
 
(765 ILCS 10/2) (from Ch. 29, par. 2)
Sec. 2.

When any person, who has heretofore entered, or may hereafter enter into
any contract, bond or memorandum in writing, to make a deed or title to
land in this state, for a valuable consideration, and dies or becomes
a person under legal disability, without having executed and delivered said deed,
it shall and may be lawful for the circuit court in the county where the
land, or some part thereof, may be situated, to make an order compelling
the executors or administrators of such deceased person, or guardians
of the person under legal disability, to execute and deliver such deed to the
party having such equitable right to the same, or his
or her heirs,
according to the true intent and meaning of the contract, bond or
memorandum, and all such deeds shall be legally valid.

(Source: P.A. 83-345.)
 
(765 ILCS 10/3) (from Ch. 29, par. 3)
Sec. 3.

It shall not be lawful for any court to make such order, except
upon the petition, in writing, of the person entitled to the benefit of the
same, or his or her heirs, setting forth the contract, bond
or memorandum in
writing, and fully describing the lands to be conveyed, nor until the
person or persons so applying for such title shall have given reasonable
notice of the time and place of such application to the executor,
administrator and heirs of such person so deceased, or guardian of the
person under legal disability, and shall have fully
paid, discharged and
fulfilled the consideration of such contract, bond or memorandum in
writing, as to the premises sought to be conveyed to the petitioner, and the
petitioner shall be entitled to a conveyance, according to the
true intent, tenor and effect thereof.

(Source: P.A. 83-345.)
 
(765 ILCS 10/4) (from Ch. 29, par. 4)
Sec. 4.

The executor, administrator or heirs of any deceased person who
shall have made such contract, bond or memorandum in writing, in his or her life
time, for the conveyance of land, for a valuable consideration, or the
guardian of any person under
legal disability who shall have made such
contract, bond or memorandum in writing before his or her legal disability, when
such consideration has been paid and fulfilled as hereinabove stated, or a
conveyance ought to be made, may, upon application in writing, obtain such
order upon giving notice to the party to whom such deed is intended to be
made, and under the same condition as is provided in this chapter.

(Source: P.A. 83-706.)
 
(765 ILCS 10/5) (from Ch. 29, par. 5)
Sec. 5.

In all cases where any minor heirs shall be interested in such
proceedings as aforesaid, reasonable notice of such application shall be
given to the guardian of such minors; and if there shall be no guardian,
then the said court shall appoint a guardian to litigate and act in such
case.

(Source: Laws 1871-2, p. 277.)
 
(765 ILCS 10/6) (from Ch. 29, par. 6)
Sec. 6.

In all cases where application shall be made as hereinabove
stated, the
court shall have power to continue the same from time to time to obtain
such evidence as the nature of the case shall require; and no judgment for
the conveyance of land, upon application as hereinabove stated,
shall be made,
unless the court shall be satisfied that judgment
can be made without
injustice to any heir or creditor of the deceased, or the estate of the
person who is under legal disability and that
the same is just and equitable.

(Source: P.A. 83-706.)
 
(765 ILCS 10/7) (from Ch. 29, par. 7)
Sec. 7.

A complete record of such petition and proceedings thereon shall be
made, and the court shall order payment of costs as shall appear right and
equitable.

(Source: Laws 1871-2, p. 277.)
 
(765 ILCS 10/8) (from Ch. 29, par. 8)
Sec. 8.

Guardians of minors and guardians of persons under legal disability
may sue and be
sued under this act.

(Source: P.A. 83-706.)

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