Randall v. Randall

Citations

• 135 Ill. 398
• 25 N.E. 780

Syllabus

<p>1. Wmii—tbtjst—whether a trust is created—implication. No trust can be implied merely from words indicating.the motive which induced a gift.</p> <p>2. Same—prior disposition—whether a trust. Where the prior disposition of property imports absolute, uncontrolled ownership, and also where a clear discretion and choice to act or not to act is given, equity will not construe a trust from the language employed.</p> <p>3. Same—a will construed—whether title is absolute, or in trust. A testatrix made a devise, as follows: “Second, to provide, to the extent of my ability, for the support and education of such of my children as shall be unmarried and minors, and such of the married or adult ones as may, by innocent misfortune, become really needy, I give and bequeath to my beloved husband, Sylvester W., the father of my children, all my property, whether real, personal or mixed, that he may use the same for the maintenance and education of my said children, and that he may, from time to time, advance to each of them, as he may deem best, to start them in life; third, I do hereby appoint my beloved husband my executor, with full power to control, manage, use, convey, sell and dispose of said property as his own absolute property, without being required to file or render any account or give any bail:” Held, that the husband took the absolute title, subject to no trust.</p>