{
  "id": 5404387,
  "name": "Harry H. Talcott et al., Appellees, v. American Board of Commissioners for Foreign Missions and Congregational Home Missionary Society, Appellants",
  "name_abbreviation": "Talcott v. American Board of Commissioners",
  "decision_date": "1917-04-16",
  "docket_number": "Gen. No. 22,802",
  "first_page": "339",
  "last_page": "340",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 339"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 247,
    "char_count": 3907,
    "ocr_confidence": 0.587,
    "sha256": "4b70deb5e708e8327223eb7a4c08d1b2993c8fa80f53d4361a10b8451d457380",
    "simhash": "1:8451a382df2f6199",
    "word_count": 673
  },
  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Harry H. Talcott et al., Appellees, v. American Board of Commissioners for Foreign Missions and Congregational Home Missionary Society, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.\n2. Wills, \u00a7 64*\u2014when 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\u2019s life and on her death, \u201cwhen money becomes due and is paid,\u201d to dispose of such money to specified donees and to make the bequests \u201cin the name of a friend,\u201d held void as a testamentary disposition and as not fulfilling the legal requirements of a will.\n3. WiLts, \u00a7 374*\u2014when 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\u2019s life and on her death, \u201cwhen money becomes due and is paid,\" to dispose of such money to specified donees and to make the bequests \u201cin the name of a friend,\u201d 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\u2019s estate on her death and passed under the residuary clause of her will, notwithstanding the provisions of the document.\n4. Trusts, \u00a7 12*\u2014when 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.\n5. Trusts, \u00a7 28 \u2014when 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\u2019s life and on her death, \u201cwhen money becomes due and is paid,\u201d should dispose of such money to specified donees, held that if the words \u201cwhen money becomes due and is paid\u201d 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.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "David Fales and John R. Montgomery, for appellants.",
      "Cassoday, Butler, Lamb & Foster, for appellees; Herbert Pope, of counsel."
    ],
    "corrections": "",
    "head_matter": "Harry H. Talcott et al., Appellees, v. American Board of Commissioners for Foreign Missions and Congregational Home Missionary Society, Appellants.\nGen. No. 22,802.\n(Not to fee reported in full.)\nAbstract of the Decision.\n1. Tbosts, \u00a7 25 \u2014when irrevocable trust is not created. A document directing a certain party to hold certain notes in trust for the use of the signer of the document during the signer\u2019s life and on her death, \u201cwhen 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 not to create an irrevocable trust.\nAppeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed April 16, 1917.\nCertiorari denied by Supreme Court (making opinion final).\nStatement of the Case.\nBill by Harry H. Talcott, James S. Barstow, personally and as trustee for Fayette C. Barstow, Fanny B. Perkins and Dorothy B. Pettibone, complainants, against the American Board of Commissioners for Foreign Missions and the Congregational Home Missionary Society, defendants, to ascertain, settle and decree the rights of the several parties in and to a fund of $5,400 represented by a certain note secured by trust deed conveying certain real estate. From a decree, upon demurrer overruled to a part and answer to the remainder of the bill, finding defendants had no interest in said fund and directing that it be transferred to complainant James S. Barstow as trustee, defendants appeal. .\nDavid Fales and John R. Montgomery, for appellants.\nCassoday, Butler, Lamb & Foster, for appellees; Herbert Pope, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topi\u00a9 and section number."
  },
  "file_name": "0339-01",
  "first_page_order": 367,
  "last_page_order": 368
}