Cherry v. Greene

Citations

• 115 Ill. 591
• 4 N.E. 257

Syllabus

<p>1. Tbusts and tbustees—conveyance in trust to pcuy debts, and for other purposes—whether a power of sale is given. No particular form of words is necessary to create a power of sale. Any words which show an intention to create such power, or any form of instrument which imposes duties upon a trustee that he can not perform without a sale, will necessarily create a power of sale in the trustee.</p> <p>2. An assignment or conveyance of land to trustees to pay all the just debts of the grantor, necessarily implies a power of sale in the trustees, though none be given in words.</p> <p>3. Where trustees are authorized to devote so much of the principal or income of the trust estate as may be necessary for the support of the grantor and his family, this will, when necessary, confer a power of sale.</p> <p>4. Where a deed conveying property in trust to trustees, directs that in certain contingencies the fund therein named “shall be paid over” by the trustees to the wife and children of the grantor, such direction imports and confers the power to sell.</p> <p>5. Purchaser from trustee—whether hound to see to the application of the purchase money. Where property is conveyed in trust to pay debts generally, and apply the balance- to the support of the grantor’s family, the purchaser from the trustee is released from the obligation to see to the application of the purchase money.</p> <p>6. In this case a person conveyed all his property, real and personal, to trustees in trust, first, to pay all his just debts and the expenses of the trust; second, to devote so much of the principal or income thereof as might be necessary for the support of the grantor and his family; third, in case of his death, upon the written request of his heirs the trust should determine and the fund be paid over to his wife and children, and in default of such request, to devote so much of the principal or income as might be necessary for the use and support of his wife and children; fourth, upon the