Mullanny v. Nangle
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This was a bill in chancery filed by the appellant in the superior court of Cook county to obtain a construction of the will of Dominick Mullanny, deceased, and the three codicils attached thereto, and for the appointment of a trustee.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This was a bill in chancery filed by the appellant in the superior court of Cook county to obtain a construction of the will of Dominick Mullanny, deceased, and the three codicils attached thereto, and for the appointment of a trustee. The will bore date March 6, 1896. The testator died September 20, 1901, and the will and codicils were admitted to probate by the probate court of Cook county October 30, 1901. After the…
1Opinion of the CourtJustice FIand
The first question which presents itself for our consideration in this case is, what effect, if any, did the revocation of the appointment of James Healy, and the appointment of John Nangle as executor in his stead, have upon the powers of James Healy as trustee ? The will named James Healy as an executor but did not expressly name him as a trustee. He therefore became trustee by virtue of the fact that certain powers and duties were conferred upon him as executor which did not pertain to the powers and duties of an executor, but belonged to those of a trustee. The powers and duties of an…
2Cases cited2 opinions
- French v. Northern Trust Co.Illinois Supreme Court · 1902
- Golder v. BresslerIllinois Supreme Court · 1883
3Cited by20 opinions
- Barnhart v. BarnhartIllinois Supreme Court · 1953
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Starr v. WilloughbyIllinois Supreme Court · 1905
- Codman v. BrighamMassachusetts Supreme Judicial Court · 1905
- Riggs v. MoiseSupreme Court of Missouri · 1939
15 more not listed; retrieve them via the Exa API.