Pool v. Phillips
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Prior to January 18, 1855, William T. Phillips purchased certain real estate in Newark, N. J., from one Lewis Nichols, for which he had Nichols execute a deed, naming one of his minor daughters as grantee. His family then consisted of a wife and six children.
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Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Prior to January 18, 1855, William T. Phillips purchased certain real estate in Newark, N. J., from one Lewis Nichols, for which he had Nichols execute a deed, naming one of his minor daughters as grantee. His family then consisted of a wife and six children. The property was designed for a homestead, and soon after the purchase a dwelling house was built thereon, but before it was completed, in February, 1855, the wife died. On the 12th of the following December Phillips married Phoebe Ann Cooper, and with…
1Opinion of the CourtJustice Wilkin
Although the printed arguments are exceedingly voluminous, the merits of the cause lie in a small compass. The question is, did Phoebe Ann Phillips hold the title to this real estate, or any part of it, in her own right at the time of her death, or was there a resulting trust in favor of her husband, William T. Phillips? That the legal title was in her is, we think, clear. The execution of the deeds by Williams and wife and VanWyck and wife, and the delivery of them to the husband for her, were a sufficient delivery to vest title in her. It is equally clear that the land was purchased and…
2Cases cited2 opinions
- Adlard v. AdlardIllinois Supreme Court · 1872
- Wormley v. WormleyIllinois Supreme Court · 1881
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- Houdek v. EhrenbergerIllinois Supreme Court · 1947
- Moore v. MooreIllinois Supreme Court · 1956
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