Legal Opinion

Clapp v. Emery

Illinois Supreme Court

Decided May 14, 1881PublishedCited by 9 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the H011. John A. Jaaieson, Judge, presiding.

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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 H011. John A. Jaaieson, Judge, presiding. Clarissa Emery exhibited her bill, on the equity side of the Superior Court of Cook county, against Ozro W. Clapp and Julia I. Emery, administrators of the estate of David W. Emery, deceased, alleging therein, among other things, that she is the widow and sole devisee of William S. Emery, deceased, late of Wilkesbarre, Pa., who died about November 16, 1871; that said William S. Emery left property, credits and assets,…

1Opinion of the CourtJustice Scholeield

Appellants contend that no ground of equitable jurisdiction is established, and that the bill should, therefore, have been dismissed.

The evidence, in our opinion, sufficiently shows a trust. It shows that David W. Emery was authorized to collect and invest appellee’s money for her; that he kept the money together, and invested it, from time to time, and spoke of it and treated it as being not his, but his mother’s money. He was, we think, but her trustee in investing it—not a borrower of it.

It was said in School Trustees, etc. v. Kirwin, Exr. et al. 25 Ill. 73: “It is not necessary, if the…

2Cases cited1 opinion

  1. School Trustees v. KirwinIllinois Supreme Court · 1860

3Cited by9 opinions

  1. Union National Bank v. GoetzIllinois Supreme Court · 1891
  2. Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
  3. Howell v. MooresIllinois Supreme Court · 1889
  4. Kennedy v. MillerAppellate Court of Illinois · 1991
  5. Kennedy v. MillerAppellate Court of Illinois · 1991

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