Talcott v. American Board of Commissioners

Appellate Court of Illinois

Talcott v. American Board of Commissioners

205 Ill. App. 339, 1917 Ill. App. LEXIS 1136

CourtAppellate Court of Illinois

DecidedApril 16, 1917

DocketGen. No. 22,802

StatusPublished

This text of 205 Ill. App. 339 (Talcott v. American Board of Commissioners) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Talcott v. American Board of Commissioners, 205 Ill. App. 339, 1917 Ill. App. LEXIS 1136 (Ill. Ct. App. 1917).

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Opinion

Mr. Justice Holdom

delivered the opinion of the court.

2. Wills, § 64*—when document is void as constituting insufficient testamentary disposition. A document directing a certain party to hold certain notes in trust for the use of the signer of the document during the signer’s life and on her death, “when money becomes due and is paid,” to dispose of such money to specified donees and to make the bequests “in the name of a friend,” held void as a testamentary disposition and as not fulfilling the legal requirements of a will. 3. WiLts, § 374*—when note secured by trust deed becomes part of estate and passes by will. Where a document directed a certain party to hold certain notes in trust for the use of the signer of the document during the signer’s life and on her death, “when money becomes due and is paid," to dispose of such money to specified donees and to make the bequests “in the name of a friend,” and such signer did not die until after the notes had been paid and the money invested in other property in the form of a note secured by trust deed on certain real estate, held that the latter note became a part of the signer’s estate on her death and passed under the residuary clause of her will, notwithstanding the provisions of the document. 4. Trusts, § 12*—when document cannot be treated as a declaration of trust. What is clearly intended as a voluntary assignment or gift but is imperfect as such cannot be treated as a declaration of trust. 5. Trusts, § 28*—when document creating trust is void for remoteness. Where a document provided that a certain party named therein should hold certain notes in trust for the use of the signer of the document during the signer’s life and on her death, “when money becomes due and is paid,” should dispose of such money to specified donees, held that if the words “when money becomes due and is paid” were of controlling importance as designating a time when the trust fund should be paid to the beneficiaries, the document would be void for remoteness.

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Mr. Justice Holdom

delivered the opinion of the court.

2. Wills, § 64*—when document is void as constituting insufficient testamentary disposition. A document directing a certain party to hold certain notes in trust for the use of the signer of the document during the signer’s life and on her death, “when money becomes due and is paid,” to dispose of such money to specified donees and to make the bequests “in the name of a friend,” held void as a testamentary disposition and as not fulfilling the legal requirements of a will. 3. WiLts, § 374*—when note secured by trust deed becomes part of estate and passes by will. Where a document directed a certain party to hold certain notes in trust for the use of the signer of the document during the signer’s life and on her death, “when money becomes due and is paid," to dispose of such money to specified donees and to make the bequests “in the name of a friend,” and such signer did not die until after the notes had been paid and the money invested in other property in the form of a note secured by trust deed on certain real estate, held that the latter note became a part of the signer’s estate on her death and passed under the residuary clause of her will, notwithstanding the provisions of the document. 4. Trusts, § 12*—when document cannot be treated as a declaration of trust. What is clearly intended as a voluntary assignment or gift but is imperfect as such cannot be treated as a declaration of trust. 5. Trusts, § 28*—when document creating trust is void for remoteness. Where a document provided that a certain party named therein should hold certain notes in trust for the use of the signer of the document during the signer’s life and on her death, “when money becomes due and is paid,” should dispose of such money to specified donees, held that if the words “when money becomes due and is paid” were of controlling importance as designating a time when the trust fund should be paid to the beneficiaries, the document would be void for remoteness.

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Bluebook (online)

205 Ill. App. 339, 1917 Ill. App. LEXIS 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talcott-v-american-board-of-commissioners-illappct-1917.