Preachers' Aid Society v. England
Illinois Supreme Court
Writ of Error to the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. On the 7th of July, 1870, Stephen Griffith executed a deed to James H. Phillips, reciting as follows: “Whereas, the said Stephen Griffith is desirous of doing something with the means now in bis hands for the benefit of the superannuated preachers of the Illinois Conference of the Methodist Episcopal Church, and for the widows and orphans of such preachers as may have deceased. ”…
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Writ of Error to the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. On the 7th of July, 1870, Stephen Griffith executed a deed to James H. Phillips, reciting as follows: “Whereas, the said Stephen Griffith is desirous of doing something with the means now in bis hands for the benefit of the superannuated preachers of the Illinois Conference of the Methodist Episcopal Church, and for the widows and orphans of such preachers as may have deceased. ” And in consideration thereof the deed proceeds to grant and convey, after reciting the property conveyed, as follows, i.…
1Opinion of the CourtJustice Scholfield
The trust declared by Griffith requiring that the legal title, in fee simple, should pass, such a title was vested in Phillips by the deed of Griffith, (Kirkland v. Cox et al. 94 Ill. 400,) and since, by the trust imposed upon Phillips, he was to hold the legal title until a corporation competent to take the title and perform the trust should be created “and put upon a working footing, ” and then to convey to such corporation, it is clear the ease is not one in which the statute transfers the legal estate to the use. Kirkland v. Cox et al. supra; Perry on Trusts, sec. 300.
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2Cases cited2 opinions
- Kirkland v. CoxIllinois Supreme Court · 1880
- Edwards v. EdwardsIllinois Supreme Court · 1859
3Cited by14 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Lakeview Trust & Savings Bank v. EstradaAppellate Court of Illinois · 1985
- Lawrence v. LawrenceIllinois Supreme Court · 1899
- McFall v. KirkpatrickIllinois Supreme Court · 1908
- Guilfoil v. ArthurIllinois Supreme Court · 1895
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