Benson v. Dempster
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This was a bill in chancery brought by William E. Benson and Frank A. Benson, the sons and only heirs-at-law of Francis H. Benson, deceased, against Clancey J. Dempster and others, the only heirs-at-law of John Dempster, deceased, and Killian V. R. Lansingh, as administrator de bonis non of the estate of said John Dempster, and also as executor of and trustee under the will of Orrea…
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Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This was a bill in chancery brought by William E. Benson and Frank A. Benson, the sons and only heirs-at-law of Francis H. Benson, deceased, against Clancey J. Dempster and others, the only heirs-at-law of John Dempster, deceased, and Killian V. R. Lansingh, as administrator de bonis non of the estate of said John Dempster, and also as executor of and trustee under the will of Orrea W. Dempster Lansingh, a deceased heir of said John Dempster, deceased, and also as the husband of said Orrea W. D.…
1Opinion of the CourtJustice Craig
A careful reading of the original and amended bills will disclose that in neither was it alleged, nor is it claimed, that there was or is now any writing indicating that John Dempster held this property in trust. The words, “in. pursuance of a certain agreement by and between said Benson and Dempster,” are the words used. The deed transferring the property from Benson to Dempster was absolute in form and contained no words indicating a declaration of trust or defeasance, but the transfer was made in payment of a debt of $10,222.01. If any relation of trust can be imputed to John Dempster it…
2Cases cited9 opinions
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Stevenson v. CrapnellIllinois Supreme Court · 1885
- Williams v. RhodesIllinois Supreme Court · 1876
- Carpenter v. CarpenterIllinois Supreme Court · 1873
- Beach v. ShawIllinois Supreme Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ferroline Corp. v. General AniLine & Film Corp.Court of Appeals for the Seventh Circuit · 1953
- Simpson v. MansonIllinois Supreme Court · 1931
- Stoke v. WheelerIllinois Supreme Court · 1945
- Spaulding v. CollinsWashington Supreme Court · 1909
- Carlock v. CarlockIllinois Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.