Mason v. Bloomington Library Ass'n
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. C. D. Myers, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. C. D. Myers, Judge, presiding. This was a bill in chancery filed by Nelson P. Perry and Thomas C. Kerrick, executors of the last will and testament of Emily T. Perry, deceased, in the circuit court of McLean county, to obtain a construction of . the will of Emily T. Perry. , Pending the litigation the files were destroyed by fire and Nelson P. Perry died. By leave of court the surviving executor restored the files and amended his bill, making new parties.…
1Opinion of the CourtJustice Hand
It is first contended that the first paragraph of the will creates a perpetuity and is void, and that the court erred in appointing a trustee and in directing that the amount remaining of the $500 mentioned in that paragraph, after the purchase of a monument, should be turned over to a trustee to be kept at interest, the interest to be expended in the care of the family burial lot where the testatrix should be buried.
The law is well settled in this country that a perpetual trust cannot be created to take care of a private burial lot unless the creation of such trust is authorized by statute.…
2Cases cited9 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Coit v. ComstockSupreme Court of Connecticut · 1884
- Kemmerer v. KemmererIllinois Supreme Court · 1908
- French v. Northern Trust Co.Illinois Supreme Court · 1902
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3Cited by39 opinions
- Eychaner v. GrossIllinois Supreme Court · 2002
- Burke v. BurkeIllinois Supreme Court · 1913
- Franklin v. HastingsIllinois Supreme Court · 1911
- In re the Legacy Given by the Will of MillsNew York Surrogate's Court · 1923
- In Re Estate of PetersonSupreme Court of Minnesota · 1938
34 more not listed; retrieve them via the Exa API.