Hart v. Seymour

Citations

• 147 Ill. 598
• 35 N.E. 246

Syllabus

<p>1. Trusts and trustees—deed construed—whether it creates a trust. A deed which runs to A, B and 0, “trustees of” a land and building association, an unincorporated company, and “to their heirs and assigns forever,” is of itself no declaration of trust in A, B and 0, but, prima facie, conveys an absolute title to the grantees therein named. The words “trustees of,” etc., in the absence of proof of the existence of a legally organized corporation or a company of that name, will be regarded for all purposes, except as a descriptio personarum of the grantees, as mere surplusage.</p> <p>2. Same—deed to the trustees of a co-partnership—whether it is void. Where the trustees of a co-partnership, composed of three, and other natural persons, take a sheriff’s deed for land in trust for the firm in collecting a judgment owned by the firm, the deed will not be void for the want of capacity of the beneficiaries, even if the trust thereby created is such as to be executed by the Statute of Uses. In such case, the partners are capable of becoming such beneficiaries.</p> <p>3. Same—application of the Statute of Uses. Where, by the terms of the trust, the property of an association is vested in trustees for management and disposition, and is to be held by them as individuals, and they are to have the lands purchased, surveyed, divided and platted, and they are empowered to improve and decorate the same, in their discretion, and it is made their duty to manage, protect, control, use, lease, sell, convey and dispose of, mortgage and incumber, the lands of the association, on such terms and for such considerations as they may, from time to time, deem for the best interests of the association, the exercise of such powers and the performance of such duties will make it necessary that the trustees shall be vested with the legal title, and the Statute of Uses will have no application.</p> <p>4. If any agency, duty or power be imposed on a trustee, as, by a limitation to him and his hei