Drake v. Steele
Illinois Supreme Court
Appeal from the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This is an appeal from a decree of the circuit court of Moultrie county which set aside a master’s deed and certain partition proceedings, together with another deed and two mortgages, and construed the will of George M. Stivers, a former owner of the real estate here involved.
Read the full summary
Appeal from the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This is an appeal from a decree of the circuit court of Moultrie county which set aside a master’s deed and certain partition proceedings, together with another deed and two mortgages, and construed the will of George M. Stivers, a former owner of the real estate here involved. Said Stivers died testate November n, 1904, leaving eighty-three acres of farm land in said county, which is the land here in controversy, and certain other real estate and personal property. He left surviving him his widow,…
1Opinion of the CourtJustice Carter
The principal question is whether the executor, Drake, took any legal title under said will in the real estate here in question. It is evident from the record in these proceedings that up to the time of the filing of this bill by the executor all parties in interest understood and acted on the theory that the legal and equitable titles in said real estate vested in the widow and children of said Stivers at his decease.
It is contended by appellants that the trust created by the will in the executor, Drake, was a dry or passive trust, as he had no duties to perform under said trust, and that…
2Cases cited6 opinions
- Lawrence v. LawrenceIllinois Supreme Court · 1899
- Witham v. BroonerIllinois Supreme Court · 1872
- Flanner v. FellowsIllinois Supreme Court · 1903
- Lambert v. HarveyIllinois Supreme Court · 1881
- O'Melia v. MullarkyIllinois Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alford v. BennettIllinois Supreme Court · 1917
- Emmerson v. MerrittIllinois Supreme Court · 1911
- Newcomb v. MastersIllinois Supreme Court · 1919
- Faulkin v. CommissionerUnited States Board of Tax Appeals · 1928
- Faulkin v. CommissionerUnited States Board of Tax Appeals · 1928
2 more not listed; retrieve them via the Exa API.