Holderman v. Gray

Citations

• 130 Ill. 442
• 22 N.E. 592

Syllabus

<p>1. Tbtjst—whether a trust exists—sufficiency of proof. In this case, the evidence showed that a party bought and paid for certain town lots, and had a conveyance therefor made to his wife, who was not shown to have paid any part of the consideration. She, being in very poor health and expecting not to live, united with her husband in a deed to a friend of the latter, the deed expressing $1000 as the consideration, but the evidence showed that the grantee paid nothing. There was proof that the grantee agreed, at the time of the conveyance, to hold the lots in trust, and in case of the wife’s recovery he would reconvey to her, or, in the event of her death, to the husband. There was no change of possession, and the husband continued to occupy the premises for many years thereafter, and paid all taxes thereon and exercised acts of ownership up to the death of the grantee, some twelve years after the date of the deed. It was also proved that the grantee admitted that the lots belonged to the husband, and he wrote two letters to the latter, stating that he would convey the property to him or to any one as he might direct, which letters were lost: Held, that the proof was sufficient to sustain a decree establishing a trust in the grantee, and requiring his heirs to convey to the grantor, his wife having died.</p> <p>2. Witness—competency—a party to the suit, against heirs. On bill against the heirs-at-law of a deceased person, to compel them to execute a deed for land, on.the ground that their ancestor held the land in trust for the complainant, the latter is not a competent witness to prove the trust.</p>