Opinion
Gen. No. 9,527. (Abstract of Decision.)
Opinion filed May 15, 1940 Rehearing denied June 19, 1940
TRUSTS, § 195 — trustee enriching himself, sufficiency of evidence. Where wife's will provided that her husband should take charge of farm, keep premises in good shape, and retain half the net income and pay over the other half to trustees for their incompetent daughter, plaintiffs who might eventually take an interest in the estate could not complain that the husband enriched himself, where evidence showed that he expended more than one-half the net income of the farm for the use and benefit of his daughter, and they could not complain that such money was expended directly instead of being paid over to trustee of daughter, where they knew of such action and acquiesced therein.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Whiteside county; Hon. LEONARD E. TELLEEN, presiding.
Affirmed. Heard in this court at February term, 1940.
I.L. Weaver and Chas. H. Woodburn, for appellants;
J.A. Riordan and Ward Ward, for appellee.
"Not to be published in full." Opinion filed May 15, 1940; rehearing denied June 19, 1940.