Leslie v. Moser
Appellate Court of Illinois
Bill for Relief.—Appeal from the Circuit Court of Cook County: the Hon. Thomas G. Windes, Judge, presiding. Heard in this' court at the October term, 1895. Statement of the Case. The bill in this case was filed for the purpose of .compelling a compliance with the obligation of appellants as trustees of a certain fund, the trust in which was admitted by them, but the obligation growing out of the trust denied.
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Bill for Relief.—Appeal from the Circuit Court of Cook County: the Hon. Thomas G. Windes, Judge, presiding. Heard in this' court at the October term, 1895. Statement of the Case. The bill in this case was filed for the purpose of .compelling a compliance with the obligation of appellants as trustees of a certain fund, the trust in which was admitted by them, but the obligation growing out of the trust denied. When George Leslie died, on March 23, 1887, he was a partner with his son John in a mercantile business in dried fruits and other articles, in the city of Chicago. By his will he…
1Opinion of the CourtJustice Waterman
Appellants are not, as is contended by them, required by the decree of the court to violate any trusts imposed upon them by the will of George Leslie. They are required to carry out an obligation imposed upon them by their agreement made after the death of the testator, which agreement is not repugnant to the will, but rather in aid of the intent and purpose thereof.
As a rule, although legatees are not entitled to receive the legacies before the day of payment arrives, yet they are entitled to have a sufficient sum set apart to pay the legacy when it becomes due. 2 Williams on Executors, 1399.
2Cases cited2 opinions
- Chicago & Northwestern Railway Co. v. SweeneyIllinois Supreme Court · 1869
- Buckingham v. MorrisonIllinois Supreme Court · 1891
3Cited by1 opinion
- Einbecker v. EinbeckerAppellate Court of Illinois · 1896