Lawrence v. Lawrence
Illinois Supreme Court
Writ op Error to the Circuit Court of Logan county; the Hon. Cyrus Epler, Judge, presiding. On the 12th day of August, 1868, the defendants in error, who are husband and wife, as parties of the first part and grantors, and one Eliza A. Lawrence, as party of the second part and grantee, executed a certain trust deed and acknowledged the same in compliance with the statute then in force with reference to the valid execution of instruments for the conveyance of real estate.
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Writ op Error to the Circuit Court of Logan county; the Hon. Cyrus Epler, Judge, presiding. On the 12th day of August, 1868, the defendants in error, who are husband and wife, as parties of the first part and grantors, and one Eliza A. Lawrence, as party of the second part and grantee, executed a certain trust deed and acknowledged the same in compliance with the statute then in force with reference to the valid execution of instruments for the conveyance of real estate. By said deed said defendants in error conveyed certain lands in Logan county to the said Eliza A. Lawrence as trustee, to…
1Opinion of the CourtJustice Boggs
The estate of a trustee in the real estate which is the subject matter of the trust is commensurate- with the powers conferred by the trust and the purposes to be effected by it. The trustee acquires whatever estate, even to a fee simple, is needed to enable him to accomplish the purposes of the trust. (Preachers’ Aid Society v. England, 106 Ill. 125; West v. Fitz, 109 id. 425; 27 Am. & Eng. Ency. of Law, 110-113, 117.) When the trustee is directed and empowered to convey the land to the objects of the settlor’s bounty, the legal estate necessarily vests in the trustee. If a trustee is…
2Cases cited8 opinions
- Weber v. ChristenIllinois Supreme Court · 1887
- Kirkland v. CoxIllinois Supreme Court · 1880
- First National Bank v. BakerIllinois Supreme Court · 1896
- Massey v. HuntingtonIllinois Supreme Court · 1886
- Union Mutual Life Insurance v. CampbellIllinois Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- McFall v. KirkpatrickIllinois Supreme Court · 1908
- Yeates v. BoxMississippi Supreme Court · 1945
- Coolidge v. LoringMassachusetts Supreme Judicial Court · 1920
- Piff v. BerresheimIllinois Supreme Court · 1950
- Lord v. ComstockIllinois Supreme Court · 1909
34 more not listed; retrieve them via the Exa API.