Hutchinson v. Ayres
Illinois Supreme Court
Appeal from the Appellate Court for the First -District;— ■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding.
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Appeal from the Appellate Court for the First -District;— ■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was a bill in equity, exhibited by the appellants, against the appellees, Jason C. Ayres, Maria Hutchinson and John V. Thomas, in the circuit court of Cook county, in which it is alleged that the complainants are the children and heirs at law and legatees of John P. Hutchinson, deceased, late of Dixon, in Lee county; that said John P. Hutchinson died about December 30,1872, and left a last will, which was duly…
1Opinion of the CourtJustice Scholfield
The rule, as laid down in Perry on Trusts, (2d ed.) section 876, is: “If the cestuis que trust bring a suit against the trustees, praying for relief, all the trustees ought to-be made parties, -in order that, as each co-trustee is liable to the cestuis que trust, the court may do complete justice, so far as possible, by taking the accounts once for all, and by adjusting the liabilities of the co-defendants, and thus obviate the necessity of ulterior proceedings and a multiplicity of suits. The co-trustees ought to be made parties, (although the equities between themselves can not be…
2Cases cited1 opinion
- International Bank v. JenkinsIllinois Supreme Court · 1884
3Cited by9 opinions
- Nolan v. SmithCalifornia Supreme Court · 1902
- Lurie v. RupeAppellate Court of Illinois · 1964
- Bucklen v. City of ChicagoIllinois Supreme Court · 1897
- Packer v. RobertsAppellate Court of Illinois · 1892
- McCarthy v. Chicago Title & Trust Co.Appellate Court of Illinois · 1932
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