Witham v. Brooner
Illinois Supreme Court
Appeal from the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. This was a suit in ejectment, brought by Witham against Brooner. It appears that Summers and wife made a deed to the land in question to Thomas Hallowbush, “in trust for White and Smith forever”—being a naked trust, imposing ho duties, payment of debts nor taxes, control or otherwise upon the trustee.
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Appeal from the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. This was a suit in ejectment, brought by Witham against Brooner. It appears that Summers and wife made a deed to the land in question to Thomas Hallowbush, “in trust for White and Smith forever”—being a naked trust, imposing ho duties, payment of debts nor taxes, control or otherwise upon the trustee. Smith and wife, afterwards, without the agency or concurrence of Hallowbush, trustee, sold by deed to Witham. The record shows possession, but no claim of title in Brooner. The case comes to this court upon…
1Opinion of the Court · ThorntonJustice Thornton
The refusal to admit in evidence the deed to Hallowbush is the only error assigned.
The deed was executed to Hallowbush “ in trust for White and Smith.” The trustee had no trusts to execute—no duties to perform. He was a mere naked trustee.
One of the cestuis que trust had executed a deed to the same land to the plaintiff below, under which he claimed title.
In whom was the legal estate, by operation of the deed to Hallowbush—the trustee or the cestuis que trust?
Our statute is a substantial re-enactment of the Twenty-seventh Statute of Henry VIII—usually termed the Statute of Uses. Leaving out…
Also in this document: Opinion of the Court · Thornton.
2Cited by22 opinions
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- Myers v. MyersIllinois Supreme Court · 1897
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