Witham v. Brooner

Citations

• 63 Ill. 344

Syllabus

<p>1. Uses and tbdsts—effect of a naked trust. Under the operation of section 8, chapter 24, Rev. Stat. 1845, a conveyance in trust, or to the use of any person, which requires no duties, prescribes the execution of no trust, but leaves the trustee onty a passive title, carries to the cestui que trust lawful seizin, estate and possession.</p> <p>2. In such case, there is not a mere equitable title, but an actual seizin and possession in fact—not only a right of entry, but an actual estate.</p> <p>8. Conveyance. The cestui que trust may, consequently, convey the estate by deed without the intervention of his trustee.</p>