Legal Opinion

Nangle v. Mullanny

Appellate Court of Illinois

Decided April 11, 1904No. Gen. No. 11,011PublishedCited by 2 opinions

Bill to construe will and for other relief. Error to the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at the October term, 1902.

1Opinion of the CourtJustice Ball

The contention of plaintiff in error is that he is the surviving and sole trustee under this will and codicil. It is admitted that Brenan and Healy had renounced as trustees and had refused to act as such before the cause was heard. The intention of the testator, when ascertained, governs. That intention is to be determined by an examination of the whole instrument, viewed in the light of the settled rules of law, so far as they are applicable.

By this will the testator did not name Brenan and Healy as trustees, but did name them as executors. They become trustees because he gives, devises and…

2Cases cited4 opinions

  1. Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
  2. Long v. LongCourt of Appeals of Maryland · 1884
  3. King v. DonnellyNew York Court of Chancery · 1835
  4. Shockley v. FisherSupreme Court of Missouri · 1882

3Cited by2 opinions

  1. Tuckerman v. CurrierSupreme Court of Colorado · 1912
  2. Gately v. El Paso County Bar AssociationSupreme Court of Colorado · 1958

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