Lynn v. Lynn

Citations

• 135 Ill. 18
• 25 N.E. 634

Syllabus

<p>1. Wriiii—revocation—right of the testator—effect of a subsequent conveyance. A -will devising land may be revoked by the testator at any time during his life, or abrogated by a subsequent valid conveyance of the land. A mistake in the description of the land so subsequently conveyed ■will not render the deed invalid, and it may be corrected in a court of equity.</p> <p>2. CONTRACT'—without consideration—not enforcible in equity. An executory agreement upon a merely voluntary consideration will not be enforced in a court of equity, upon the application of a volunteer.</p> <p>3. Tbusts and tbijstees—whether a trust is created—of executed trusts, and those which are executory, merely. A deed in due form to one named as trustee, for the use of a designated person, delivered and recorded and followed by possession on the part of the trustee, and his execution of the trust imposed on him, creates a trust, and the relation of trustee and cestui que trust, notwithstanding a misdescription in the land which is the result of mistake.</p> <p>4. Whetjier a trust is perfectly created or not is a question of fact in each case, and the court, in determining the fact, will give effect to the situation and relation of the parties, the nature and situation of the property, and the purposes or objects which the settler had in view in making the disposition.</p> <p>5. Same—enforcing a trust—under what conditions. Where a trust has been perfectly created, so as to pass the title, it will be carried into effect, although without consideration; but if the transaction is incomplete, and its final completion is asked in equity, the court will not interpose to perfect the settler’s liability, without inquiring into the origin of the claim and the nature of the consideration.</p>