Dime Savings & Trust Co. v. Watson
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. A bill was filed in the circuit court of Peoria county by the Dime Savings and Trust Company and Leslie Robison, executors of the will of John Green Ballance and trustees imder its provisions, for a .construction of the will, and the court decreed that paragraphs 12, 13, 14, 15 and 16 were in violation of the rule against perpetuities and that the residuary property referred to in…
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Appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. A bill was filed in the circuit court of Peoria county by the Dime Savings and Trust Company and Leslie Robison, executors of the will of John Green Ballance and trustees imder its provisions, for a .construction of the will, and the court decreed that paragraphs 12, 13, 14, 15 and 16 were in violation of the rule against perpetuities and that the residuary property referred to in those paragraphs was intestate. Six of the beneficiaries appealed. The first eleven clauses of the will direct the…
1Opinion of the CourtJustice Dunn
• The first question in the case is, do the trusts declared in the will violate the rule against perpetuities? If that question is answered in the affirmative the decree of the circuit court is right. The purposes of the trust and nature of the powers conferred and duties imposed upon the trustees are such that they necessarily take the legal estate in fee, though it is not expressly stated so in the will. (West v. Fitz, 109 Ill. 425; McCartney v. Osburn, 118 id. 403.) The design of the testator was that the whole estate should ultimately vest in his grand-nephews and grandnieces, who would…
2Cases cited3 opinions
- Howe v. HodgeIllinois Supreme Court · 1894
- West v. FitzIllinois Supreme Court · 1884
- Cottman v. . GraceNew York Court of Appeals · 1889
3Cited by20 opinions
- Keogh v. PeckIllinois Supreme Court · 1925
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Corwin v. RheimsIllinois Supreme Court · 1945
- Wagner v. ClausonIllinois Supreme Court · 1948
- Geiger v. GeerIllinois Supreme Court · 1946
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