Johns v. Johns
Illinois Supreme Court
Writ op Error to the Circuit Cpurt of Macon county; the Hon. Edward P. Vail, Judge, presiding. On the 18th day of June, 1860, one William Martin, since deceased, conveyed to one Harvey C. Johns the south-east quarter of section 14, township 16, north of range 2, east of the third principal meridian, in Macon county, Illinois, in trust.
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Writ op Error to the Circuit Cpurt of Macon county; the Hon. Edward P. Vail, Judge, presiding. On the 18th day of June, 1860, one William Martin, since deceased, conveyed to one Harvey C. Johns the south-east quarter of section 14, township 16, north of range 2, east of the third principal meridian, in Macon county, Illinois, in trust. The deed provides, that whereas, the said party of the first part is desirous of providing a hom'e for his daughter, Jane, wife of said Harvey C. Johns, during her natural life, and for the support and maintenance of said Jane and the education of William…
1Opinion of the CourtJustice Boggs
The record in this case presents two questions: First, has a court of equity jurisdiction and power to break in upon this trust and order the real estate to be sold and converted into money; and second, if it has the power, is such a case presented as should move the court to exercise such jurisdiction and power.
The first question has received the attention of this court in the cases of Curtiss v. Brown, 29 Ill. 201, Voris v. Sloan, 68 id. 588, Dodge v. Cole, 97 id. 338, Longwith v. Riggs, 123 id. 258, Hale v. Hale, 146 id. 227, and Gavin v. Curtin, 171 id. 640, and on the authority of those…
2Cases cited1 opinion
- Curtiss v. BrownIllinois Supreme Court · 1862
3Cited by18 opinions
- Pennington v. Metropolitan Museum of ArtNew Jersey Court of Chancery · 1903
- Stephens v. CollisonIllinois Supreme Court · 1916
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- Thompson v. AdamsIllinois Supreme Court · 1903
- Fisher v. . FisherSupreme Court of North Carolina · 1915
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