84 N.E. 38 (Ill. 1908), Quinlan v. Wickman

Citation:84 N.E. 38, 233 Ill. 39
Opinion Judge:[233 Ill. 44] DUNN, J. (after stating the facts as above).
Party Name:QUINLAN et al. v. WICKMAN et al.
Attorney:[233 Ill. 42]F. C. Struckmeyer, for plaintiffs in error. [233 Ill. 43] Vail & Pain, for defendants in error.
Case Date:February 20, 1908
Court:Supreme Court of Illinois
 
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Page 38

84 N.E. 38 (Ill. 1908)

233 Ill. 39

QUINLAN et al.

v.

WICKMAN et al.

Supreme Court of Illinois

February 20, 1908

Error to Circuit Court, Cook County; Lockwood Honore, Judge.

Bill for partition by James H. Quinlan and another against Elizabeth Wickman and others. From a decree dismissing the bill for want of equity, plaintiffs bring error. Affirmed.

Page 39

[233 Ill. 42]F. C. Struckmeyer, for plaintiffs in error.

[233 Ill. 43] Vail & Pain, for defendants in error.

[233 Ill. 40]James H. Quinlan and Mary Quinlan, his wife, filed their bill in the circuit court of Cook county against Elizabeth Wickman, Raymond Wickman, Charles Quinlan, Henrietta Quinlan, and Michael Burke, and against Nellie M. Burke individually and as executrix and trustee under the last will and testament of Ellen Quinlan, deceased, in which they alleged that on November 19, 1899, Ellen Quinlan died, leaving James H. Quinlan, Charles Quinlan, Nellie M. Burke, and Elizabeth Wickman, her four children and only heirs at law. At the time of her death she was seised of certain real estate in Chicago, and left a will, the material parts of which are as follows:

'I give, devise and bequeath to my daughter Nellie M. Burke all my estate, real, personal and mixed, for the uses and trusts and for the purposes hereinafter set forth, to wir:

'(A) In trust to take possession of, manage and control the same, invest and reinvest any surplus trust money in her hands in good real estate securities; to collect the rents from my real estate and pay out such sums as may be needed for taxes, insurance of repairs, and at her discretion to sell any portion of my estate and execute and deliver to the purchaser a good and sufficient deed therefor, but the purchaser thereof shall not be required to see to the application of the purchase money. In case the improvements on my real estate are destroyed, wholly or in part, by fire or otherwise, I hereby authorize my said trustee to restore the same, and, if needed, to borrow money for that purpose and secure payment of the same by the real estate affected.

'(B) In trust when my real estate, or any part thereof, is sold by my said trustee pursuant to the powers hereby vested in her, to pay my son Charles Quinlan, out of the proceeds of said sale, the sum of four thousand dollars ($4000).

[233 Ill. 41] '(C) In trust out of any trust money in her hands to pay to my daughter Elizabeth Wickman any sum that the said Elizabeth Wickman may desire and my said trustee deem proper. It is my primary purpose by this will to provide for the welfare and happiness of my said daughter Elizabeth Wickman and her children, and I desire my said trustee to provide for her and them in a liberal manner, and make sale of my real estate and convert into money my personal estate whenever it is needful for that object. In case of the death of my said daughter Elizabeth Wickman in my lifetime or afterwards, then I desire my said trustee out of my estate to provide for the...

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