Lennartz v. Estate of Popp

Mr. Presiding Justice Ball

delivered the opinion of the court.

In directing the jury to return a verdict in favor of the estate of the deceased, we are of the opinion the trial court committed reversible error.

The evidence tended to show that the deceased was duly appointed trustee of an express trust for the benefit and the protection of appellant; that his duties in this regard were plainly set forth in the deed of trust, namely, that he should not release the lien of the trust deed until the note secured thereby was fully paid; that the deceased, before the maturity of the note, executed and…