Bryan v. Howland

Citations

• 98 Ill. 625
• 1881 Ill. LEXIS 302

Syllabus

<p>1. Trust—whether a trust is created. The mere expression of the motive for a gift or grant is not sufficient to establish a trust. Thus, a grant to A to enable him to maintain his children, or an absolute gift to him that he may-support himself and children, will create no trust.</p> <p>2. Same—and herein, of a vested equitable estate for life. A conveyance of land to A, to have and to hold the same, unto' the said A, his heirs and assigns, for the uses and trusts, that is to say, in trust, etc., for the separate benefit of B, and to permit B to “ use, occupy, possess, enjoy, improve, rent'andbuild upon” the same, “in any manner he may deem best for the support, maintenance and benefit of himself and his children, during his natural life,” containing no words to restrain alienation or exclude the rights of creditors of B, passes to B a vested equitable estate for life. The words “for the support, maintenance and benefit of himself and his children,” do not create a trust in favor of the children,—they but express the motive prompting the gift.</p> <p>3. Mortgage—equitable estate is subject to being mortgaged. A vested equitable life estate is such an interest in land as will pass by a mortgage of the same, and where such estate is conveyed or incumbered by the cestui que trust without the concurrence of the trustee holding the legal title, it will become the duty of the trustee to recognize the rights of the grantee or mortgagee. But the purchaser under such a mortgage will take only such rights as the mortgagor had—a life estate.</p> <p>4. Chancery—relief not prayed. A court of equity can grant' no relief hey on d the material allegations of the hill. Thus, on a hill to enjoin the sale of land under a power in a mortgage, on the ground that the mortgagor had no such interest as was capable of passing hy mortgage, which failed to show any homestead interest, it was held error to enter a decree assuming to protect a homestead interest in the complainants.</p>