Sherman v. Leman

Citations

• 137 Ill. 94
• 27 N.E. 57

Syllabus

<p>1. Trusts—expenses, costs, etc.—whether chargeable upon trust fund. .In general, the expenses of administering a trust are a lien in favor .of the trustee on the estate in his hands, and he will not be compelled to part with his control of such estate until those expenses are paid.</p> <p>2. Where one is appointed trustee of an estate by the county court, strictly in pursuance of the will of the deceased owner of the trust estate, the expenses and costs of litigation to determine the validity of the appointment will be a proper charge upon the corpus of the estate, notwithstanding the appointment is held invalid.</p> <p>3. The circuit court, by its decree, found the appointment of a trustee by the county court void, and appointed his successor, who qualified as such. From .this decree the former trustee appealed to the Appellate Court, and from that to this court, where the decree of removal was affirmed : Held, that his costs and expenses, including attorney’s fees in the circuit court, were proper credits to be allowed him, but not those paid by him in the several appeals, as such appeals were not in the interest of the trust estate. He was also entitled to credit for the costs of witnesses before the master.</p> <p>4. Same—chancery—jurisdiction—in the administration of trusts. A court of equity has plenary jurisdiction of all questions involved in the construction of wills, and in the administration of trust estates in the hands of trustees. ' It may determine the validity of a trustee’s appointment, and even when he is legally appointed that court has full control and supervision of all his acts, and for cause may remove him and appoint his successor.</p> <p>5. The orders and decrees of a court in chancery in respect to the removal or appointment of a trustee and the administering of the trust, are ample protection to all persons acting under them.</p>