Larmon v. Knight

Citations

• 140 Ill. 232

Syllabus

<p>1. Trustee—of special trust by construction of law. A wife, after the-sale of her real estate under a decree, and the expiration of the time of redemption, obtained from the purchaser a-contract for the sale of the-certificate of purchase on the payment of a sum of money by a day-named. Laboring under sickness, and in fact upon her death-bed, her husband repeatedly urged her to transfer her rights to him, promising-that he would make the payment and save the property for her children, and thereby induced her to transfer the title to him. He obtained a loan on the property and paid the sum required to perfect the title-in him, using some of the wife’s means: Held, that the law would hold him as trustee of the property, for the use of his wife’s children. Such case is different from one where a party voluntarily conveys property to another upon a parol trust.</p> <p>2. Statute of Frauds—express trust—trust by construction of law-An express trust created by parol is within the Statute of Frauds, and void; but where the trust exists by construction of law, by reason of the circumstances and the fraudulent conduct of the alleged trustee, whereby he obtained the title to land, the Statute of Frauds will have-no application!</p>