Voris v. Sloan

Citations

• 68 Ill. 588

Syllabus

<p>1. Trust—when the court may change. The power of a court of chancery to break in upon the terms of a trust, or change the terms and conditions imposed by the person creating it, exists only in extreme cases, as, when not to exercise the power the property held in trust may be lost or wholly fail to answer the purposes of the trust.</p> <p>3. Deed—when remainder vests. When property is conveyed to a trustee in trust for the benefit of A, and the heirs of her body, forever, and upon the death of the trustee the legal title to vest in A during her natural life, with a remainder to the heirs of her body, and the deed provides that if A should die without issue, the legal title shall revert to the grantor, it was held, that the words “without issue” would not be referred to the period of the death of A, but that the equitable remainder vested upon the birth of any heir to A, subject to be diminished as others should be born.</p> <p>3. Descent—as to equitable estate held in trust. When real estate is conveyed to a trustee, to be held by him in trust, solely for the benefit of A, during her natural life, and the remainder to her heirs forever, and there are born to her four children, two of whom die in infancy, without issue, the equitable interest of the two so dying will descend according to our statute of descents, the mother taking, as the sole surviving parent, two shares of the portion each held in the remainder.</p> <p>4. Decree—when the whole fee in land, is ordered to he sold, the value of a life estate therein should he fixed. When land, conveyed to a trustee in trust, for the use and benefit of a mother during her life, and after her death for the benefit of her children, is decreed to be sold, as unproductive, for the support of the mother and her children, the decree should fix the value of the life estate of the mother, instead of requiring the trustee to ascertain and pay her its value, and in fixing such value, the statute, adopting a rule to ascertain t