Einbecker v. Einbecker
Appellate Court of Illinois
Bill to Compel Trustees to Pay an Annuity.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tdthill, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This was a bill to compel the trustees of the will of George Einbecker to pay an annuity in said will provided. The will of George Einbecker, so far as here material, is as follows : “ Fourth.
Read the full summary
Bill to Compel Trustees to Pay an Annuity.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tdthill, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This was a bill to compel the trustees of the will of George Einbecker to pay an annuity in said will provided. The will of George Einbecker, so far as here material, is as follows : “ Fourth. I hereby nominate and appoint my said three sons, William Einbecker, George Einbecker and Heinrich Einbecker, to be the trustees under this, my last will and testament, and I do hereby give and…
1Opinion of the CourtJustice Waterman
It is clear that the intention of the testator was to provide for his widow an income of §125 per month, so long as his daughter Cecelia remained with her mother.
It is also apparent that the testator did not intend to limit' the source of such income to his personal estate. The trustees are given power to sell and convey all of the real estate, and full power to collect, manage, invest and re-invest all moneys coming to their hands as trustees; this includes moneys derived from sale, as well as from' income. The object of the conveyance to the trustees and the powers intrusted to them, is to…
2Cases cited3 opinions
- Borden v. JenksMassachusetts Supreme Judicial Court · 1886
- Corrigan v. ReidAppellate Court of Illinois · 1891
- Leslie v. MoserAppellate Court of Illinois · 1896