Sherman v. Leman
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. T. A. Moran, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. T. A. Moran, Judge, presiding. This is an appeal hy Hugh A. White, the present trustee, ■and Edwin Sherman, one of the legatees, under the will of Francis C. Sherman, deceased, from the judgment of the Appellate Court affirming a decree of the circuit court of Cook ■county approving the accounts of Henry W. Leman while acting trustee of said estate. Leman acted as such trustee hy virtue of an appointment of the county court of Cook county. The authority for'…
1Opinion of the Court
Mr. Chief Justice
Scholfibld delivered the opinion of the Court:
In general, the expenses of administering a trust are a lien in favor of the trustee on the estate in his hands, and he will' not be compelled to part with his control of such estate until those expenses are paid. (Johnson v. Leman et al. 131 Ill. 609.) But can it be said that the expenses and costs of prose-, cuting the appeals from .the circuit court to the Appellate Court, and from that court to this court, are expenses of administering the estate ? Leman’s appointment was strictly pursuant to the letter of the will of Sherman,…
2Cases cited4 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Johnson v. LemanIllinois Supreme Court · 1890
- Bradford v. BoudinotU.S. Circuit Court for the District of Pennsylvania · 1811
- Rogers v. RossNew York Court of Chancery · 1820
3Cited by10 opinions
- Rosenthal v. First Nat. Bank of ChicagoAppellate Court of Illinois · 1970
- Tuckerman v. CurrierSupreme Court of Colorado · 1912
- Glaser v. Chicago Title & Trust Co.Illinois Supreme Court · 1948
- Dime Savings & Trust Co. v. WatsonAppellate Court of Illinois · 1917
- Ogden v. Shropshire & AdkinsCourt of Appeals of Texas · 1931
5 more not listed; retrieve them via the Exa API.