First National Bank & Trust Co. v. Illinois National Bank & Trust Co.

One of three joint tenants died, and the issue in this case is whether the two survivors hold title to the real estate subject to a resulting trust in favor of the devisees of their deceased cotenant.

On September 18, 1950, a 31-acre farm outside of Rockford was conveyed to Frances E. Mallicoat, a widow, her daughter, Mildred J. Heffner, and her daughter’s husband, Clayton H. Heffner, “as joint tenants and not as tenants in common.” Frances Mallicoat died on November 9, 1958. Her will, executed in October of 1958, directed her executor to pay funeral expenses and debts, “and to reimburse my…