McDonald v. Starkey

Citations

• 42 Ill. 442

Syllabus

<p>1. Lease — mistake reformed, when. Where it clearly appears that in drawing a lease the scrivener has, by mistake, omitted to insert the declaration of a use, a court of equity will reform the deed and correct the mistake. But, until the mistake is satisfactorily shown, the instrument will .be presumed to correctly state the intention of the parties, by and to whom it was made.</p> <p>2. Same — evidence. A court of equity will not reform a deed on loose and unsatisfactory evidence, such as the mere supposition and understanding of persons in the vicinity of the property. The testimony must be of persons who have the means of knowing, and do know, what the intention of the par. ties was, and that a mistake did occur.</p> <p>8. Trust-deed — change of uses. After a trust has been declared in a deed, the grantor, by express agreement, or otherwise, has no power to alter and change the terms or conditions of the trust. The beneficiaries take, by the deed, a vested interest, that is not subject to the control of the grantor, nor to any change by the trustees.</p> <p>4. Trust—for school purposes — its effect. Under the school system established and supported by law, when real estate is conveyed to individuals as trustees and to their successors legally elected, to hold for school purposes, the presumption will be indulged, that it was for the use of public schools established and maintained at the public expense. Even if such were not the presumption, when the directors of the public school district are in possession, claiming under such a deed, they will be presumed to hold rightfully, as against persons showing no legal right to occupy the property, until the presumption is rebutted. Until claimants show legal or equitable rights, they cannot recover against such directors.</p>