Pool v. Potter

Citations

• 63 Ill. 533

Syllabus

<p>1. Power—trustee or agent acting under must strictly comply with conditions. Eight persons, the widow and heirs at law of a deceased person, for the management, settlement and division of the estate between themselves, entered into a written agreement for the appointment of a trustee for that purpose, who was to be appointed by the circuit judge, in case the parties could not agree, and who was to “ enter into good and sufficient bond to be approved by the judge,” for the faithful performance of his duties as such trustee. The agreement further recited: “said bond shall be made payable to the parties to this agreement for the use of all parties interested in the provisions of this agreement.” The parties not agreeing, the judge appointed one P, who gave bond payable jointly to all the parties except one, whose name was omitted, and four of the sureties in the bond were married women, and also obligees: Meld, on bill by a portion of the parties to enjoin the trustee from selling real estate, that the bond was not “ sufficient ” within the meaning of the agreement; that the same should have been several in its terms to each obligee; that it should have been such as might be enforced in a court of law, which could not be when a part of the obligees were also obligors; and, that the trustee, not having complied with the terms of the agreement under which he was appointed, was not qualified to act.</p> <p>2. Chanceby—;jurisdiction—injunction. In such a case, a court of equity has jurisdiction to enjoin the supposed trustee from acting. The judge, in making the appointment and approving the bond, exercised no judicial power, but acted simply as the agent of the parties, deriving all his authority from their agreement; and having exercised the power once, it was very doubtful if his power was not exhausted except when called upon judicially. This being so, the parties aggrieved had no adequate remedy except in a court of equity.</p> <p>3. Powebs—rule of construction—dis