Longwith v. Riggs

Citations

• 123 Ill. 258
• 14 N.E. 840

Syllabus

<p>1. Appeal—as to the amount involved—decree disposing of a trust fund. Where the trial court, by its decree, disposes of the entire fund in the-hands of a trustee, exceeding in amount $1000, and an appeal is taken to-the Appellate Court questioning the application of a part of the fund, which is less than $1000, and the decree is affirmed, and the case is brought to-this court by appeal or writ of error, this court will have jurisdiction. The whole amount disposed of by the decree will determine the jurisdiction of tUs C0UrL</p> <p>2. Will—:jurisdiction in chancery to give construction to wills. Thejurisdietion of a court of equity to construe wills is an incident of its general jurisdiction over trusts. And where a testator, by his will, invokes the equitable jurisdiction of the court in relation to a trust fund, and such fund is reduced to possession by the trustee, under the direction of the court, this will also confer, incidentally, jurisdiction to construe the will creating the trust.</p> <p>3. Same—bequest in trust, limitedo to use of the interest on the fund— encroaching on the principal for support of cestui que trust. If a testator, by will, gives a share of his estate to a trustee for the use of one of several children, the fund itself may be used by the trustee, under the direction of the court, for the support and maintenance of such child, even though the will contains no direction for maintenance, and although there may be a direction to accumulate income. The general rule is, that the trustee, on his own authority, can not break in upon the principal of the trust fund for maintenance.</p> <p>4. Where a testator devises funds to a trustee, in trust, to be loaned, and the income to be applied to a child’s support during its life, and at its death the same be paid over to the other children of the testator, if there is a clear intention, to be gathered from the whole will, that such child is to-have a maintenance, the court may order the trustee to ma