Cook v. Gilmore
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. In 1882 appellee Addison R. Gilmore filed in the circuit court of Cook county, against the other appellees and Frederick Ayer, a bill for partition of certain real estate. By virtue of such proceeding, the premises sought to be partitioned were sold to Ayer.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. In 1882 appellee Addison R. Gilmore filed in the circuit court of Cook county, against the other appellees and Frederick Ayer, a bill for partition of certain real estate. By virtue of such proceeding, the premises sought to be partitioned were sold to Ayer. By agreement of all the parties to that proceeding, the court constituted $32,000 of the proceeds of the sale a trust fund. Seventeen thousand dollars of that amount,…
1Opinion of the CourtChief Justice Shope
The question presented by this record is, whether a trustee who accepts and performs the trust, without any contract or stipulation of the parties, or any provision in the order of court appointing him, for compensation for his services, is entitled to compensation for care bestowed and for time expended in executing the trust.
The rule laid down in the text-books is, “that a trustee is not entitled to compensation for personal trouble and loss of time.” (Perry on Trusts, 904-906; Hill on Trustees, 889; 2 Lewin on Trusts, 627.) And such seems to be the rule established by the English courts of…
2Cases cited1 opinion
- Constant v. MattesonIllinois Supreme Court · 1859
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