Preachers' Aid Society v. England

Citations

• 106 Ill. 125
• 1883 Ill. LEXIS 150

Syllabus

<p>1. Trust—conveyance of land in trust—whether the legal title vests in the trustee or the person for whose use the conveyance was made. The owner of lands executed a deed therefor to one as trustee, reciting therein, that whereas, the grantor was desirous of doing something with the means then in his hands, for the benefit of the superannuated preachers of the Illinois Conference of the Methodist Episcopal Church, and for the widows and orphans of such preachers as might be deceased, and in consideration thereof conveyed the lands, “to have and to hold said premises unto him, said (grantee), in trust for the uses and purposes hereinafter named, that is to say: in trust for the Preachers’ Aid Society of the Illinois Conference of the Methodist Episcopal Church, to be by it disbursed,” etc., and “when the Preachers’ Aid Society of said conference shall have been organized, and put upon a working footing, then the said (grantee) is to convey said premises to said society, to be by it held in the same manner and for the same uses and purposes,” etc. It was held, that as the trust declared in such deed required that the legal title should pass in fee, such a title was thereby vested in the grantee.</p> <p>2. Same—when the statute transfers the legal estate to the use. Where a conveyance is made to one in trust, who is to hold the legal title until a corporation competent to take the title and perform the trust shall be created “and put upon a working footing, ” when the trustee is required to convey to such corporation, the case is not one in which the statute transfers the legal estate to the use.</p> <p>3. Conveyance — description of grantee—sufficiency. The object of names in a deed being merely to distinguish one person from another, it seems this will be sufficient though the true name of the grantee be not used, or even no name at all, if enough appears to show who was intended. A grantee may be described by his office or his relationship to a known person.</p> <