Hamilton v. Downer
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. Oliver H. Horton, Judge, presiding. The appellant, Robert M. Hamilton, as executor of Jane Downer, deceased, filed this bill of complaint against Mary Y. Downer and John S. Buhrer. The object of the bill was to charge a certain freehold estate and a certain leasehold estate with a trust.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. The appellant, Robert M. Hamilton, as executor of Jane Downer, deceased, filed this bill of complaint against Mary Y. Downer and John S. Buhrer. The object of the bill was to charge a certain freehold estate and a certain leasehold estate with a trust. The circuit court sustained a demurrer to the bill, and, appellant electing to stand by it, entered a decree dismissing it out of court. Thereafter the Appellate Court…
1Opinion of the CourtJustice Baker
Three questions arise upon the record, and they are these : First, do the allegations of the bill, ignoring the letters set out in the demurrer, show a trust, and warrant equitable relief; second, did the court, in requiring appellant to file copies of the letters and in allowing oyer and demurrer, commit such an error as should now reverse the decree ; and third, do the letters create a trust, ■or manifest and prove a trust. " We will consider these questions in their order.
First—Immediately upon the death of Samuel A. Downer, the title to all the. real estate of which he died .seized vested…
2Cases cited3 opinions
- Blanchard v. WilliamsonIllinois Supreme Court · 1873
- Speyer v. DesjardinsIllinois Supreme Court · 1892
- People ex rel. Brinkerhoff v. SwigertIllinois Supreme Court · 1883
3Cited by12 opinions
- Hibernian Banking Ass'n v. DavisIllinois Supreme Court · 1920
- Fowler v. FowlerIllinois Supreme Court · 1903
- In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1992
- Strauss v. PhillipsIllinois Supreme Court · 1901
- Williamson v. MonroeU.S. Circuit Court for the District of Western Arkansas · 1900
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