Doyle v. Murphy
Illinois Supreme Court
This bill of complaint sets forth: That Honora Teresa Murphy, wife of said Patrick, is the daughter of one Catherine Byrne (deceased), late of the town of Borris, in the county of Carlow, in Ireland; that Patrick and Honora were married in Ireland, in November, 1850, and shortly after removed to the United States, where they arrived in the fall of 1851; that the said Catherine Byrne died in 1849, leaving a will, which after her death was duly proved and admitted to record in…
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This bill of complaint sets forth: That Honora Teresa Murphy, wife of said Patrick, is the daughter of one Catherine Byrne (deceased), late of the town of Borris, in the county of Carlow, in Ireland; that Patrick and Honora were married in Ireland, in November, 1850, and shortly after removed to the United States, where they arrived in the fall of 1851; that the said Catherine Byrne died in 1849, leaving a will, which after her death was duly proved and admitted to record in the proper court in Ireland, in and by which will Honora was made executrix and sole legatee of the entire property,…
1Opinion of the CourtWalker, J.
It is urged, in connection with other grounds, for the reversal of the decree of the court below, that the court had no jurisdiction of the subject matter. While by the defendants in error, it is insisted that Maurice Doyle was a trustee, and being such, a court of equity has undoubted jurisdiction over the trust fund. That the court has such a jurisdiction in cases of strict trust, there is no doubt. But it does not therefore follow, that the court will assume jurisdiction in every case where a mere confidence has been reposed, or a credit given. The various affairs of life in almost every…
2Cited by15 opinions
- Wetherell v. O'BrienIllinois Supreme Court · 1892
- Taylor v. TurnerIllinois Supreme Court · 1877
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Wilson v. KirbyIllinois Supreme Court · 1878
- Weer v. GandIllinois Supreme Court · 1878
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