Bennett v. Bennett
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. Charles Kellum, Judge, presiding.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. Charles Kellum, Judge, presiding. On December 27, 1891, Charles D. Bennett, late of DeKalb county, Illinois, died, leaving a last will and testament, which was duly admitted to probate in said county on January 9, 1892. The testator left surviving him the defendants, Mary A. Bennett, his widow, and Ernest A. Blake, a grandchild, and the complainant, Charles W. Bennett, his only surviving child. By his said will testator appointed his wife, Mary A. Bennett,…
1Opinion of the CourtJustice Ricks
Many questions are raised and urged by appellant which, under the views we entertain of the will in question, seem to be unimportant and not applicable. We regard the trust here created and under consideration as what is known as a spendthrift trust, created for the purpose of providing for the maintenance of appellant and at the same time securing it against his improvidence and incapacity for self-protection. Such estates have become recognized, generally, by most of the courts of the United States, and their treatment of the question has gone into the books as the American doctrine upon…
2Cases cited10 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Baker v. ScottIllinois Supreme Court · 1871
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Glover v. CondellIllinois Supreme Court · 1896
- Estate of StambaughSupreme Court of Pennsylvania · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Johnson v. PrestonIllinois Supreme Court · 1907
- Van Dyke v. First National BankSupreme Court of Minnesota · 1951
- In Re Trust Created by MoultonSupreme Court of Minnesota · 1951
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Keller v. KellerAppellate Court of Illinois · 1936
28 more not listed; retrieve them via the Exa API.