Lynch v. Swayne

Citations

• 83 Ill. 336

Syllabus

<p>1. Conveyance—use, whether for life with remainder to heirs. Where a conveyance of real estate is made to a trustee for the exclusive and sole use of a wife, with a provision that, if she dies before her husband, the property shall thereafter be held for him, and, on his request, shall be conveyed to him, his heirs, etc., but, if the husband dies first, the trustee, on the wife’s request, shall convey it to her and her heirs absolutely arid forever, on the husband’s death the legal estate will vest in her absolutely, without any remainder in her heirs, and a deed from her will pass the title in fee.</p> <p>3. Trust—when legal title in trustee passes to cestui que trust without a conveyance. Where real estate is conveyed to a trustee, to be held by him during the joint lives of a husband and wife, for the sole use of the latter, and to be conveyed to “her and her heirs,” on her request, after the husband’s death, on his death, leaving her in the occupancy of the same, there being no longer anything for the use to operate on, the legal estate in the trustee will vest at once in the wife, without any conveyance from him.</p>