Powell v. Powell

Citations

• 114 Ill. 329
• 2 N.E. 162

Syllabus

<p>■ 1. Witness—competency—widow, on behalf of herself and the heirs— on bill to establish a trust in favor of the estate. On bill filed by the widow and heirs of a deceased person to establish a trust alleged to have existed in favor of the deceased in his lifetime, and enforce the same for the benefit of herself and the heirs, the widow is a competent witness in her own behalf, and in behalf of the heirs, as to all matters affecting the transaction of which she had personal knowledge.</p> <p>2. Same—competency of defendant in suit by widow' and heirs to establish and enforce a trust—husband and wife. On bill by the widow and heirs of a deceased person to establish and enforce a trust in real estate, the defendant is not a competent witness to testify in his own behalf to anything but matters falling within the exceptions to section 2, chapter 51, of the Revised Statutes of 1874. .Under these exceptions, where witnesses in behalf of the complainants have testified to conversations, admissions or transactions of such defendant, he is competent to testify as to the same conversations, admissions or transactions.</p> <p>3. Same—wife for the husband. But such a case is not one wherein the wife of the defendant is rendered a competent witness, by the statute, to testify in his behalf. There was no element of agency on her part in connection with the transaction.</p> <p>i. Trust—taking title to hold as an indemnity—whether a trust. A contract was made for the purchase of a lot of ground for $900, $100 of which was to be paid down, and eight, notes given for the balance, bearing six per cent interest. The purchaser being unable to make the first payment, induced his father to advance.the same, and give his individual notes for the balance, and the contract for the deed was made directly to the father as a security for the money so advanced, and to indemnify him against liability on his notes for the remaining purchase money. The son afterward repaid his father the sum so