Opinion
Gen. No. 43,206. (Abstract of Decision.)
Opinion filed February 14, 1946 Rehearing denied February 26, 1946 Released for publication February 26, 1946
TRUSTS, § 167 — contract of sale as void when not made by trustee vested with exclusive power of sale by trust agreement. Where under terms of trust agreement power of sale was vested exclusively in trustee, and it appeared that trust managers accepted offer of purchaser to buy property, held that since trust managers had no power to sell, contract of sale was void and should be canceled, set aside and removed as cloud on title to property.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JULIUS MINER, Judge, presiding.
Decree of June 2, 1944, affirmed in part and reversed in part. Heard in the second division, first district, this court at the October term, 1944.
Herman Pollack, for appellant;
Edward M. Herman and B.L. Pollack, of counsel;
Shulman, Shulman Abrams, for plaintiff appellee;
Meyer Abrams, of counsel;
Warren B. Buckley, Harold L. Reeve and Edmund J. Reynolds, for certain appellee;
Kirkland, Fleming, Green, Martin Ellis, for certain other appellees;
Walter C. Senne and John M. O'Connor, Jr., of counsel.
Not to be published in full. Opinion filed February 14, 1946; rehearing denied February 26, 1946; released for publication February 26, 1946.