Hughes v. Washington

Citations

• 72 Ill. 84

Syllabus

<p>1. Wills—poioer of executor to sell property. Under a will authorizing the executor to sell property in such manner, and on such-terms, and for such prices, as to him may seem best for the interest of the children of the testator, and to reinvest the proceeds arising from such sale in such other property as he may think best for the testator’s children, the , executor has an absolute discretionary power of sale, as'a trustee, in the - same manner as he would have held the title if it had been specifically devised to him.</p> <p>2. Same—power of executor to make contracts in relation to real estate - of testator. A party living in Virginia owned real estate in Illinois, and a judgment was rendered against him in the circuit court of the United ’ States, for the Northern District of Illinois, in 1860, from which he took • an appeal to the Supreme Court of the United States. There were also - deeds of trust on his property in Illinois. In 1861 he was killed in the, confederate arm}-, having made a will, containing this clause: “I constitute and appoint my brother, E. B. Washington, Wm. T. Alexander, and E. C. Turner, executors of this my last will and testament; and I hereby empower them, or the survivor or survivors of them, to sell any property of which I may die possessed, and which is beyond the limits of Virginia; in such manner, and on such terms and for such price, as to them or him may seem best for the interest of my children, and to reinvest the proceeds arising from such sale in such other property as they may think best for my children.” The executor resided in Kichmond, Virginia, and had no means to provide for prosecuting the appeal in the Supreme Court of the United States, except the property in Illinois: Held, that the executors were authorized, under the will and the peculiar circumstances of the case, to make a contract to give to an attorney an interest in the real estate in Illinois, in consideration of his attending to and protecting the intere