Legal Opinion

Butler v. Huestis

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 46 opinions

Appeal from the Circuit Court of Cook county; the Hon; Erastus S. Williams, Judge, presiding. This was a bill in equity, filed by William M. Butler, against Altieri A. Huestis, Seneca C. Bliss, Laban S. Major, Willa Mena and Celia T. Butler. It appears that the complainant, in 1861, conveyed the property in dispute to Seneca C. Bliss, in trust for the use and benefit of Celia T. Butler, his wife, during her natural life.

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Appeal from the Circuit Court of Cook county; the Hon; Erastus S. Williams, Judge, presiding. This was a bill in equity, filed by William M. Butler, against Altieri A. Huestis, Seneca C. Bliss, Laban S. Major, Willa Mena and Celia T. Butler. It appears that the complainant, in 1861, conveyed the property in dispute to Seneca C. Bliss, in trust for the use and benefit of Celia T. Butler, his wife, during her natural life. The wife, Celia T., died, after having made her last will, disposing of the property as stated in the opinion of the court. Butler, supposing the terms of the trust to have…

1Opinion of the CourtJustice Scott

This bill is for relief, and is framed on the supposition there has been no nomination, by the donee, of any one in being to take the fee of the property, as provided in the deed of settlement.

The deed was made in 1861. The property was conveyed to a trustee, and the habendwn clause provides he shall hold it “ upon the special trusts, and for the uses and purposes, and subject to the powers and obligations,” therein expressed, “ and none others.” The conveyance was made for the benefit of Celia T. Butler, wife of complainant, and the special trusts are declared in the third division, as…

2Cases cited3 opinions

  1. Baker v. ScottIllinois Supreme Court · 1871
  2. Tanner v. LivingstonNew York Supreme Court · 1834
  3. Swift v. CastleIllinois Supreme Court · 1859

3Cited by46 opinions

  1. Winter v. DibbleIllinois Supreme Court · 1911
  2. Duffield v. DuffieldIllinois Supreme Court · 1915
  3. Frazer v. Board of SupervisorsIllinois Supreme Court · 1874
  4. South v. SouthIndiana Supreme Court · 1883
  5. Carpenter v. Van OlinderIllinois Supreme Court · 1889

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