Koster v. Miller

Citations

• 149 Ill. 195
• 37 N.E. 46

Syllabus

<p>1. Besultins tbijst—purchase of land—with money belonging to purchaser’s wife. A bill by the heirs of a deceased mother, against the heirs of their step-father-, to establish a resulting trust from the fact that such step-father bought land with money belonging to his wife, which she derived from her children, is insufficient, if it does not aver that the property from which the purchase money was realized was given to her, or even that she claimed such property. If the relation of parent and child existed between the step-father and the complainants during the time they furnished the mother money and property, the proceeds of their labor became his.</p> <p>2. But independent of the question as to who was entitled to the proceeds of their labor, if the mother chose to allow the step-father to have the money as his own, even though she could have claimed it herself, no resulting trust arose by his investing it in his own name.</p> <p>3. Same—when it arises—nature of proof. A resulting trust can only arise where the purchase money is shown to have belonged to the alleged cestui que trust, which fact must be clearly alleged and proved. Parol proof is competent to establish the trust, but it must always be clear and satisfactory.</p> <p>4. Pasties—on bill to establish a resulting trust. On bill to establish a resulting trust against a deceased person, the heirs of his deceased brother are necessary parties.</p> <p>5. Witnesses—parties claiming and defending as heirs. On bill by the heirs of a deceased mother, against the heirs of their step-father and husband of the mother, to declare a resulting trust as to land held by him, the complainants are incompetent witnesses.</p> <p>6. Chancery—default—what it admits. A default in a bill in chancery admits only facts properly alleged, and not that those facts authorized the decree. It does not admit the conclusion of the pleader. If the bill is wholly insufficient to support the decree rendered, the error can be insisted on