Easton v. Hall

• Court: Illinois Supreme Court
• Writing for the Court: DUNN
• Citation: Easton v. Hall, 323 Ill. 397, 154 N.E. 216 (Ill. 1926)
• Decision Date: 15 December 1926
• Docket Number: No. 17302.,17302.
• Parties: EASTON v. HALL et al.

323 Ill. 397

154 N.E. 216

EASTON

v.HALL et al.

No. 17302.

Supreme Court of Illinois.

June 16, 1926.

Rehearing Denied with Modification. Dec. 15, 1926.

Suit by Charles S. Easton against Charles H. Hall and others to construe will of Sarah D. Easton, deceased. From the decree, complainant, named defendant, and others appeal. Certain other defendants assigned cross-errors.

Reversed and remanded, with directions.

Stone, C. J., and Heard, J., dissenting.Appeal from Circuit Court, Peoria County; Frank Lindley, judge.

Shelton F. McGrath and George W. Hunt, both of Peoria, and Cooke, Sullivan & Ricks, of Chicago (George A. Cooke and Edward H. Fiedler, both of Chicago, of counsel), for appellant Charles S. Easton.

John M. Elliott and Bruce E. Dwinell, both of Peoria, and Winston, Strawn & Shaw, of Chicago (James H. Cartwright, of Chicago, of counsel), for Charles H. Hall and others, executors and trustees.

Jack, Irwin & Jack, of Peoria, for appellee Women's Christian Home Mission.

C. E. McNemar, of Peoria, for appellee Universalist Church of Peoria.

Dailey, McCormick & Radley, of Peoria, for appellee Eleanor R. Easton.

Allen & Converse, of Springfield, and Clarence W. Heyl, of Peoria, guardian ad litem for other appellees.

DUNN, J.

Charles S. Easton, the son and only heir of Sarah D. Easton, filed a bill in the circuit court of Peoria county for the construction of his mother's will, alleging that various parts of the will were invalid because they were in violation of the rule against perpetuities, and praying that the invalid provisions be decreed to be of no effect, and that the fee-simple title of all the property of the testatrix affected by them be decreed to be in the complainant, as the sole heir of the testatrix. A decree was entered, finding that some of the provisions of the will violated the rule against perpetuities and were void, and that others of the provisions attacked by the bill were valid. Separate appeals were perfectedby the complainant and by the executors and trustees under the will, and cross-errors have been assigned by several of the beneficiaries. The appeals have been submitted together on one record, and in this opinion the term ‘appellant’ refers to the complainant and the term ‘appellees' to all other parties.

The will was executed on October 30, 1919, and the testatrix died on December 24, 1924, at the age of 77 years. The will in its first and second paragraphs revoked all former wills, and directed the payment of the testatrix's debts. The fourth paragraph made a bequest of $5,000 to her brother Charles H. Hall. The fifth paragraph directed $5,000 to be invested in safe interest-bearing securities and the net interest or income therefrom to be paid to the testatrix's brother George S. Hall quarterly, and if, after he was incapacitated from working or earning a salary, his needs required more than the net income from the fund of $5,000, the use of so much of the principal as his immediate needs might require from time to time was authorized, and at his death whatever should remain of the fund was directed to be paid to Jessie E. Hall Furst and Edward F. Hall, the children of George S. Hall. The sixth paragraph made bequests of $100 to a niece, Jessie E. Hall Furst, and $500 to a nephew, Edward F. Hall. These paragraphs were not questioned and were held valid.

Paragraphs 3, 7, 9, 14, and 15, are as follows:

‘(3) I hereby give, bequeath, bequest and devise unto my brother Charles H. Hall and Mr. Frank T. Miller, both of Peoria, Illinois, as trustees, for the uses and purposes following, and with the same powers in connection therewith, as are hereinafter given them in connection with the trust established for the payment of certain annuities to my son and others, the sum of twenty thousand dollars ($20,000). The purposes of the said trust, are as follows: To invest the same in safe interest-bearing securities, and after the payment of all taxes and assessments thereon and any expenses connected therewith to pay over quarterly all the net interest, profit and income therefrom to my sister Ella B. Hall during her natural life, and upon the death of said Ella B. Hall to return the principal of said fund of twenty thousand dollars ($20,000) to the same trust fund hereinafter created for the payment of certain annuities.’

‘(7) All of the rest, residue and remainder of my estate, real, personal and mixed, wheresoever found or located, of which I die seized or possessed, or which may come to my estate in any manner after my death, I give, devise and bequeath unto my brother Charles H. Hall and Mr. Frank T. Miller, both of Peoria, Illinois, as trustees, for the uses and purposes and with powers following, to-wit:

‘For the purpose of paying out of said trust estate and income therefrom an annuity (a) to my said son Charles S. Easton of not less than thirty-six hundred dollars ($3,600) and not more than six thousand dollars ($6,000) annually, as hereinafter provided, said annuities to be paid in monthly installments. Said annuities shall be paid primarily out of the net income of the profit herein bequeathed and devised, and in the event such net income is at any time less than said annuity to my said son Charles and to Eleanor R. Easton, widow of my son George B. Easton, as hereinafter provided, then my said trustees may be, and they are hereby, authorized to sell so much of the corpus of my estate as may be necessary to prevent said monthly payments falling below the sum of five hundred and fifty dollars ($550); provided, however, that if the net income from my estate, and in the hands of such trustees, is in excess of the amount to be paid monthly, then any such excess may be from time to time paid to my said son Charles S. Easton; provided further, however, that no monthly payment to him at any time shall exceed five hundred dollars ($500).

‘(b) My said trustees shall pay to Eleanor R. Easton, widow of my son George B. Easton, deceased, so long as she does not remarry, the sum of three thousand dollars ($3,000) annually, payable in equal monthly installments of two hundred and fifty dollars ($250) each.

‘(c) In case of the death of my said son Charles S. Easton leaving him surviving no children, but leaving him surviving a widow, then it is my desire that the sum of three thousand dollars ($3,000) annually, payable in monthly installments of two hundred and fifty dollars ($250) each, shall be paid to said widow as long as she shall not remarry; my intention being to provide an income for the widow of each of my said sons as long as they do not remarry, and upon the remarriage of either of them said annuities as to such shall cease and determine, and upon the remarriage of the remaining one, the said annuity as to her shall determine, and thereupon said trust shall end.’

‘(9) I direct that no title or interest in any of the several trust funds in my will created, or in the money or other property composing them, or in the income accruing therefrom, or any of its accumulations, shall vest in any beneficiary under any such trust during the continuance of this trust, nor shall any beneficiary acquire any right in or title to any installments or installment of income other than by and through the actual payment of each installment, respectively, by the trustees of the respective trust estates to such beneficiary in person only, nor shall any beneficiary have any right or power, by draft, assignment or otherwise, to anticipate, to pledge or mortgage, or in anywise incumber or assign in advance any installment or installments of income, nor to give any orders in advance upon the trustees for any installments, nor shall any of the same be subject at any time to any judgment, execution, attachment, levy or to any proceeding whatsoever.’

‘(14) I direct that the provision of the will of my late husband, Edward S. Easton, creating a trust to provide for annuities to my son Charles S. Easton and his former wife, Jennie F. Easton, shall be continued and carried out by my said trustees during the lives of said Charles S. Easton and Jennie F. Easton; and all powers herein conferred on such trustees are extended to cover this trust.

‘(15) Upon the death of all the beneficiaries of the trust established by me herein, all of said estate shall by my said trustees be converted into cash, and said entire trust estate shall thereafter be by my said trustees divided as follows:

‘One-sixth (1/6) thereof to the Women's Christian Home Mission, commonly known as Home of the Friendless, of Peoria, Illinois, the same to be used to carry out the purposes for which said institution was established.

‘One-sixth (1/6) thereof to the First Universalist Church of Peoria, Illinois, as a permanent fund, and to be known as the Easton Fund, the net profits of which shall be used for the general church purposes. I make this bequest in memory of my grandfather, Dennis Blakeley, who was instrumental in organizing the first Sunday School and the first church organization of this church.

‘The remaining two-thirds (2/3) of my residuary estate shall go to my heirs at law then living, in accordance with the laws of the state of Illinois for the succession of property.’

Paragraph 8 confers power upon the trustees in the administration of the trust; paragraph 10 provides for the appointment of their successors; paragraph 11 for the filing of a bond; paragraph 12 nominates the testatrix's brother Charles H. Hall and Frank T. Miller executors and trustees; and paragraph 13 provides for their compensation.

The provision of the will of the testatrix's husband, Edward S. Easton, creating a trust to provide for annuities for Charles S. Easton and his former wife, Jennie F. Easton, is as follows:

‘Third-I give and bequeath to my executors hereinafter named, to be continued after the settlement of my estate in the probate court, as trustees under this will, the sum of $20,000 in trust for the following uses and purposes:

‘To invest...