Wallace v. Foxwell
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. George A. Dupuy, Judge, presiding. Defendant in error, James D. Wallace, as trustee, filed a bill in the superior court of Cook county, at the November term, 1909, to construe the last will and testament of Samuel G. Spaulding, deceased.
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Writ of Error to the Superior Court of Cook county; the Hon. George A. Dupuy, Judge, presiding. Defendant in error, James D. Wallace, as trustee, filed a bill in the superior court of Cook county, at the November term, 1909, to construe the last will and testament of Samuel G. Spaulding, deceased. The bill alleged that Samuel G. Spaulding departed this life on or about the 5th day of September, 1893, leaving a last will and testament, as follows: “I, Samuel G. Spaulding, of the city of Chicago, in the county of Cook and State of Illinois, being of sound mind and memory, do make and declare…
1Opinion of the CourtJustice Farmer
Plaintiff in error has furnished us with an elaborate and learned brief and argument in support of the proposition that the discretionary power conferred by the will upon the trustees indicated personal confidence in the donees and the power could not be exercised by one of the trustees alone, and that upon the death of one of the trustees the power lapsed. It is also contended by plaintiff-in error that, considering the fourth paragraph of the will separately, Howard took an equitable freehold estate, and the fee being limited to his heirs, the rule in Shelley’s case applies, and Howard took…
2Cases cited13 opinions
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Osgood v. FranklinNew York Court of Chancery · 1816
- Wagner v. WagnerIllinois Supreme Court · 1910
- Dee v. DeeIllinois Supreme Court · 1904
- Estate of StambaughSupreme Court of Pennsylvania · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Walker v. WalkerIllinois Supreme Court · 1918
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Keller v. KellerAppellate Court of Illinois · 1936
- Geiger v. GeerIllinois Supreme Court · 1946
- Smith v. GarberIllinois Supreme Court · 1918
18 more not listed; retrieve them via the Exa API.