Wilmerton v. Wilmerton
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Southern District of Illinois. Bill by Frank Wilmerton against William W. Wilmerton ’ and another. Decree dismissing the bill, and complainant appeals.
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Appeal from the Circuit Court of the United States for the Northern Division of the Southern District of Illinois. Bill by Frank Wilmerton against William W. Wilmerton ’ and another. Decree dismissing the bill, and complainant appeals. The bill was by appellant, a citizen of Iowa, against appellees, citizens of Illinois, the appellee, William W. Wilmerton, being made defendant both in his own right and as executor of the will of William Wilmerton. deceased; and was to recover complainant’s one-half share in $12,442.03, together with interest thereon, said to be due to appellant under the will…
1Opinion of the CourtGrosscup, Circuit Judge
(after stating the facts as above), delivered the opinion:
The argument of appellee William W. Wilmerton is, that under the law of Illinois, the conservator succeeded to the right of the beneficiary in the trust agreement “to demand” the income accumulating and that had accumulated upon the securities embodied in the trust; that such demand having been complied with, the income thus paid over became at once segregated from the trust fund — was no longer a part of the trust fund in fact, but became a part of the general property of the conservator’s ward; from which it follows, that the will,…
2Cases cited2 opinions
- Blackstone v. BlackstoneSupreme Court of Pennsylvania · 1834
- Hoke v. HermanSupreme Court of Pennsylvania · 1853
3Cited by21 opinions
- In Re Bierstedt's EstateSupreme Court of Iowa · 1963
- Estate of MasonCalifornia Supreme Court · 1965
- Estate of McLaughlinCalifornia Court of Appeal · 1929
- Walsh v. GillespieMassachusetts Supreme Judicial Court · 1959
- Buder v. StockeSupreme Court of Missouri · 1938
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