Germain v. Baltes

Citations

• 113 Ill. 29
• 1885 Ill. LEXIS 660

Syllabus

<p>1. Devise—to one as trustee, as distinguished from a devise to a religious corporation. A devised unto B, a Catholic bishop, in his individual capacity, all the real and personal.property owned by the testator at his death, in trust that upon the request of a certain' religious congregation the trustee would sell the property, either at public or private sale, and apply the proceeds to the erection or-maintenance, or both, of an orphan asylum, under the direction of and as requested by such congregation: Held, that this was not a devise of real estate to a religious corporation, but to an individual as a trustee, and is not prohibited by any statute or law of this State.</p> <p>2. Same—whether a devise of money or of land. Where a testator devised all his real and personal estate to one as a trustee, to he sold and converted into money when so requested by an incorporated religious society, and applied in establishing an orphan asylum, to be under the direction and control of such society, it was held, that the devise in favor of the charity was a devise of money and not of land, and was such as the courts will uphold.</p>