Gilman v. Bell

Citations

• 99 Ill. 144
• 1881 Ill. LEXIS 159

Syllabus

<p>1. Win — whether passes life estate, or mere power of appointment. A devise of real estate to a woman, to have and to hold the same in trust for and during the natural life of her husband, and upon his decease directing her or her successor in trust, to convey the same to the heirs at law of the husband, with a proviso that if the husband, during his lifetime, should request her or her legal successor in trust to convey the same to himself, or to any other person, she or her successor should promptly comply with such request, and that the title should pass to the grantee, does not invest the husband with a life estate in the property. He will take no estate of any kind, but merely a naked power of appointment.</p> <p>2. Same — who are cestuis que trust in a devise for life. Where a testator devised certain real estate in fee to A, subject to the payment of two legacies to the sons of B, and after the marriage of A and B, by his codicil, in lieu of such bequest, devised the same to A, to have and to hold the same in trust for and during the natural life of her husband, B, and directed that upon his decease the trustee should convey and deliver the same, to the heirs at law of B, provided, however, that in case the said B should, during his life, so request, the said trustee should convey and transfer the same to him or to any other person or persons: Held, that A, the trustee, took a life estate and held the fee in trust for the heirs of B, her husband, subject to the power in B to defeat both estates by appointing a conveyance to himself or to another.</p> <p>3. Power — exercise of, not enforced for benefit of creditors. Courts of equity wil! not aid creditors of a donee of a power, where there is a non-execution of the power, by compelling him to execute the same in his own favor. But where there has been a defective execution, the court will supply the defective execution in favor of a purchaser, creditor,.wife or child.</p> <p>4. No title or interest in the th