Warnecke v. Lembca

Citations

• 71 Ill. 91

Syllabus

<p>1. Trust deed—whether administrator may sell. Where a deed of trust provides that, in default of payment of the notes secured, or of the inter, est, on the application of the holder, the trustee, ‘‘or his legal representative,” shall advertise, sell and convey the premises as the attorney of the grantor, the administrator of the trustee will not be authorized to make the sale and conveyance so as to bar the equity of redemption.</p> <p>% Legal representative—defined. The legal representative or personal representative, in the commonly accepted sense, means the administrator or executor, but this is not the only definition. It may mean heirs, next of kin or descendants, and sometimes assignee or grantee.</p> <p>3. The sense in which the term is to he understood depends somewhat upon the intention of the parties using it, and it is to be gathered, not always from the instrument itself, but as well from the surrounding circumstances.</p> <p>4. Same—meaning of, in trust deed. Where a trust deed authorizes the trustee, or his legal representative, to execute the trust by'sale, etc., it will he held to mean that the assignee or grantee of the trustee having the legal title that was in the trustee, shall execute the power, and nota mere stranger, having no legal title, such as the administrator of the trustee.</p>