Marsh v. Reed
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge,- presiding. Francis C. Sherman departed this life in the year 1870, seized of the title to lots 7 and 8, in block 34, in the original town of Chicago, on which was situate a hotel known as the Sherman House.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge,- presiding. Francis C. Sherman departed this life in the year 1870, seized of the title to lots 7 and 8, in block 34, in the original town of Chicago, on which was situate a hotel known as the Sherman House. He left a will, the provisions whereof, so far as they relate to that property, are as follows: “I do give, bequeath and devise my real estate in said city of Chicago, known as the Sherman House property, and described as lots…
1Opinion of the CourtJustice Boggs
The findings of the master and chancellor as to the facts we find fully supported by the evidence preserved in the record. It is not otherwise contended, but the position of counsel for the appellants is, (1) that a court of equity is without jurisdiction to authorize the trustee to execute a lease for a long'er period than that fixed by the testator in the will; and (2) that if such jurisdiction is not wanting, the case presented does not justify the exercise of the power to so authorize the execution of a lease in opposition to the expressed will of the donor of the trust.
That courts of…
2Cases cited3 opinions
- Curtiss v. BrownIllinois Supreme Court · 1862
- Gavin v. CurtinIllinois Supreme Court · 1898
- Waldo v. CummingsIllinois Supreme Court · 1867
3Cited by36 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Upham v. PlankintonWisconsin Supreme Court · 1913
- Adams v. CookCalifornia Supreme Court · 1940
- Bennett v. Nashville Trust Co.Tennessee Supreme Court · 1912
- Hubbell v. HubbellSupreme Court of Iowa · 1907
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