ReQua v. Graham
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding". This is a creditor’s bill filed by Alice M. Graham, administratrix of the estate of James E. Graham, deceased, against Charles H. ReQua and Newton A. Partridge, executors of the last will and testament of Annie Elizabeth Nichols, deceased, and John F. Nichols, to subject an annuity given to John F.…
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding". This is a creditor’s bill filed by Alice M. Graham, administratrix of the estate of James E. Graham, deceased, against Charles H. ReQua and Newton A. Partridge, executors of the last will and testament of Annie Elizabeth Nichols, deceased, and John F. Nichols, to subject an annuity given to John F. Nichols by the will of his wife, Annie Elizabeth Nichols, to the payment of a judgment against John F. Nichols. The will of…
1Opinion of the CourtJustice Hand
It is contended by appellants that the provision made for John F. Nichols by the will of Mrs. Nichols is such that it is expressly excepted under the statute regarding creditors’ bills, (Rev. Stat. chap. 22, sec. 49,) which provides, “except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, some person other than the defendant himself,’’ and that appellee cannot reach the annuity in question by her bill.
In order to bring a case within the exception of the statute it is necessary that the trust fund proceed from some person other than the…
2Cases cited9 opinions
- Carper v. CrowlIllinois Supreme Court · 1894
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Blatchford v. NewberryIllinois Supreme Court · 1880
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Rigg v. WiltonIllinois Supreme Court · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rhoads v. Chicago & Alton RailroadIllinois Supreme Court · 1907
- People v. GriffithIllinois Supreme Court · 1910
- Warner v. WalshCourt of Appeals for the Second Circuit · 1926
- Allen v. BrandeisCourt of Appeals for the Eighth Circuit · 1928
- Binns v. LaForgeIllinois Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.