Regan v. West

Citations

• 115 Ill. 603
• 4 N.E. 365

Syllabus

<p>1. Decree—of its sufficiency as establishing the fee in land in certain heirs, and in determining who were the heirs entitled thereto. On bill to divest and pass the legal title of the heirs of a deceased testator, to enable a trustee to execute a trust created by the will in respect to the property, the decree found that the testator died seized of certain lands in this State, and that at his death the legal title thereto became and was vested in one of the complainants and the said defendants, naming them, as the only surviving heirs of the deceased: Held, that this finding was amply sufficient to establish the fact that the fee of the lands passed to the heirs named, and that they were the only heirs of the deceased.</p> <p>2. Same—appointing trustee without requiring bond—whether the decree void on that account. A decree appointing a trastee in place of one named in a will, to carry out the provisions of the will, he having also been appointed in another State, and given bond there, is not invalid if it fails also to require’ bond from the trustee here, and his acts in discharging the trust will not thereby be rendered void.</p> <p>3. Parties—to bill to appoint a new trustee. As a general rule, on a bill for the appointment of a new trustee to execute a trust, all persons beneficially interested should be made parties. But where a trustee has been appointed by the court of another State, and the main purpose of a bill is to compel the heirs of a deceased testator to convey lands of the testator in this State to the trustee, to enable him to carry out the provisions of the testator’s will, it will not be necessary to make the legatees named in the will parties, as their interests are not sought to be affected. In such case the heirs holding the legal title are the only necessary parties.</p> <p>4. A testator provided by his will that a trustee therein named, to whom he devised his estate, should pay the net income of certain real and personal estate to S. and