Badgley v. Votrain
Illinois Supreme Court
Writ op Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in equity, exhibited in the St. Clair circuit court by August Votrain, a grandson of Etienne Desliares, deceased, who died intestate, leaving complainant and eight other grandchildren his only heirs at law. These other eight grandchildren, together with the administrator of the intestate’s estate, were made parties defendant.
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Writ op Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in equity, exhibited in the St. Clair circuit court by August Votrain, a grandson of Etienne Desliares, deceased, who died intestate, leaving complainant and eight other grandchildren his only heirs at law. These other eight grandchildren, together with the administrator of the intestate’s estate, were made parties defendant. Th£ bill was founded upon and sought to enforce the provisions of the following instrument in writing: “Know all men by these presents, that I have…
1Opinion of the CourtJustice McAllister
This case is clearly distinguishable from that of Otis v. Beckwith, 49 Ill. 121, relied on by counsel for defendant in error. In that ease the subject matter of the settlement was a policy of insurance upon the life of the settlor, which was not assignable at law. The instrument of assignment contained an express declaration of trust in favor of the donor’s three sons. The donor, upon executing it, gave explicit notice of the fact of the assignment and its purpose to both the assignee and the insurance company. Whereupon the former made a formal acceptance of the trust, and the latter noted…
2Cases cited3 opinions
- Otis v. BeckwithIllinois Supreme Court · 1868
- Ryan v. MayIllinois Supreme Court · 1852
- Fortier v. DarstIllinois Supreme Court · 1863
3Cited by17 opinions
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Telford v. PattonIllinois Supreme Court · 1892
- Barnum v. ReedIllinois Supreme Court · 1891
- Reighley v. Continental Illinois National Bank & Trust Co.Illinois Supreme Court · 1945
- Robinson v. BrewsterIllinois Supreme Court · 1892
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