City Nat. Bank Trust Co. of Evanston v. Hadden

Full title: City National Bank and Trust Company of Evanston, Appellee, v. Harry P…

Court: Appellate Court of Illinois, First District

Date published: Dec 23, 1940

307 Ill. App. 548 (Ill. App. Ct. 1940)

30 N.E.2d 774

Opinion

Gen. No. 41,169. (Abstract of Decision.)

Opinion filed December 23, 1940 Rehearing denied January 6, 1941

TRUSTS, § 117^_ — dry, creditors' rights. Where land held in trust was conveyed by trustee at request of settlor and beneficiary to another trustee, who merely held title to the land but all control was vested in the beneficiary, such trust was a dry or passive trust, and was subject to levy of execution by judgment creditor of beneficiary.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. ROBERT JEROME DUNNE, presiding.

Affirmed. Heard in first division, first district, this court at April term, 1940.

Charles M. Haft, for appellants;

Heth, Lister Flynn, for appellee.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed December 23, 1940; rehearing denied January 6, 1941.