Moll v. Gardner
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. E. Dunne, Judge, presiding. On April 27, 1887, Constantine Kann died testate, leaving a last will and testament, which was admitted, to probate. By the first paragraph of his will he provided for the payment of his just debts and funeral expenses.
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Appeal from the Circuit Court of Cook county; the Hon. E. E. Dunne, Judge, presiding. On April 27, 1887, Constantine Kann died testate, leaving a last will and testament, which was admitted, to probate. By the first paragraph of his will he provided for the payment of his just debts and funeral expenses. The second paragraph is as follows: “Second—I give, devise and bequeath all the rest, residue and remainder of my estate, real and personal, to my daughter Antonia Kann, in trust,—first, to collect all the rents, issues and profits of the real estate and to make such improvements and repairs…
1Opinion of the CourtJustice Wilkin
It is insisted by appellant as a ground of reversal that the language of the will created in her an active trust; that the legal title to the property was vested in the trustee; that the Statute of Uses does not apply to active trusts, and the legal title can pass from the trustee only by deed or a decree sufficient for that purpose; that it was the intention of the tesr tator that none of the beneficiaries should anticipate the net income or have any share or title in the property until a certain time, hence none of the judgment creditors or grantees under sheriff’s deeds acquired any title,…
2Cases cited5 opinions
- Lawrence v. LawrenceIllinois Supreme Court · 1899
- Kirkland v. CoxIllinois Supreme Court · 1880
- Meacham v. SteeleIllinois Supreme Court · 1879
- Binns v. LaForgeIllinois Supreme Court · 1901
- King v. KingIllinois Supreme Court · 1897
3Cited by9 opinions
- McFall v. KirkpatrickIllinois Supreme Court · 1908
- Chicago Title & Trust Co. v. Mercantile Trust & Savings BankAppellate Court of Illinois · 1939
- Continental Illinois National Bank v. LlewellynAppellate Court of Illinois · 1966
- McGookey v. WinterIllinois Supreme Court · 1943
- Vlahos v. AndrewsIllinois Supreme Court · 1936
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