Leahy v. Cannon

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiffs filed their complaint asking for a construction of the will of Denis J. Leahy, deceased, with special reference to clause 10, which purported to create a trust; the trial court held this provision void and defendant appeals.

August 1, 1935, the complaint was filed by the heirs of Denis J. Leahy, and the defendant is the executor and also the trustee named in clause 10 of the will.. This clause conveys to defendant as trustee the residuary estate, approximately $31,000, for certain purposes. In his answer to the…