Kirkland v. Cox

Citations

• 94 Ill. 400

Syllabus

<p>1, Ejectment—plaintiff must have legal title. As the naked legal title must ° control in ejectment, it is sufficient to defeat the action to show that the legal title is not in the plaintiff.</p> <p>_ 2. Uses and trusts—presumption as to estate taken by trustee. A trustee must be presumed' to take an estate only commensurate with the charges or duties imposed on him, but this is subject to the qualification that such presumption shall be consistent with the intention of the party creating the trust, aS man^es*,e<^ by the words employed in the instrument by which it is created,</p> <p>3. Same—when statute of uses executes the trust. Under the statute of uses in force in this State, where an estate is conveyed to one person for the use of or upon a trust for another, and nothing more is said, the statute immediately. transfers the legal estate to the use, and no trust is created, although express words of trust are used. But this has reference only to passive, simple or dry trusts. In such case the legal estate never vests in the feoffee, but is instantaneously transferred to the cestui que use as soon as the use is declared.</p> <p>4. Same—exceptions to operation of statute of uses. The courts of bolh law and equity hold that there are three classes of cases in which the statute of uses does not execute the use, and when the use remains as it did before the statute, a mere equitable interest, to be administered only in a court of equity, viz: 1, where a use is limited upon a use; 2, where a copyhold or leasehold estate or personal property is limited to uses; and 3, where such powers or duties are imposed with the estate upon a donee to uses so that it is necessary that he should continue to hold the legal title in order to perform his duty or execute the power.</p> <p>5. If any agency, duty or power be imposed on the trustee, as, by way of limitation to a trustee and his heirs to pay the rents, or to convey the estate, or if any control is to be exercised or duty