Ennor v. Hodson

Citations

• 134 Ill. 32
• 25 N.E. 582

Syllabus

<p>1. Tbtjsts and tbustees—properly given in trust—trust following the fund—right of cestui que trust to interfere. A testatrix devised all her property to her husband, in trust for her daughter, and appointed the husband trustee for the daughter, “to act and transact all her affairs during.his natural life.” After the death of the testatrix, a note for some of the trust property was given to the daughter, and she indorsed and transferred, the same to the trustee for collection, who brought suit thereon : - Held, that the trustee was given the control of the property during his life, and that the daughter had no right to take the control of the property into her own hands, or to settle the suit brought by the trustee on the note.</p> <p>2. Where property is devised to a trustee in trust for a married woman, to be managed by the trustee during his lifetime, she may have the aid of a court of equity to compel a faithful administration of the trust, and, under certain circumstances, to remove the trustee and appoint another in his stead. But she can neither dispose of the property devised in trust for her benefit, nor create a charge upon it, except in the manner and for the purpose specified in the devise.</p> <p>3. In case a debt secured by mortgage on real estate is devised to a trustee in trust for the benefit of another, and on forecl osure other property is bought by the trustee in his own name, such other property will take the place of the debt, and be impressed with the same trust; and where such property is sold and conveyed, the consideration therefor will still be trust property, subject to the right of the trustee to manage and control.</p> <p>4. A person devised her estate to her husband, in trust for their married daughter, to be managed by the trustee during his life. On the foreclosure of a mortgage so devised, the trustee purchased other-property, taking a conveyance in his own name, which he afterward conveyed to the daughter. The daughter subsequent