Johnson v. Leman

Citations

• 131 Ill. 609
• 7 L.R.A. 656

Syllabus

<p>1. Trusts—lien upon trust estate—for expenses of administration. As a general rule, the expenses of administering a trust are a lien, in favor of the trustee, on the estate in his hands, and he will not be compelled to part with his control of such estate until such expenses are paid. But this, unless it may be in exceptional cases, does not extend to persons employed by the trustee.</p> <p>2. So a person employed by a trustee to render services useful to the trust estate, without the order of the court, when the trustee does not profess or undertake to create any lien on the estate, and he is not insolvent, and does not stipulate against his personal liability, can not proceed against the trust estate in equity, to recover compensation for his services. In such case, he must look to the trustee, or to his estate in case of his death, and not to the successor of the trustee employing him, or to the trust estate.</p>