Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 252
Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 252
Illinois. Supreme Court
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The gift to the hospital is therefore a bequest of personal property. (Glover v. Condell, 163 III. 566; English v. Cooper, 183 id. 203.) Counsel for appellants contend that this bequest of the remaining moneys and se- curities to the hospital is void, and being void and a part of the trust scheme, without which the devise to the trus- tees would not have been made, the whole scheme fails and the property passes to the heirs-at-law. Therefore, begin- ning their argument with that final bequest, ...they insist that it is void because the subject matter of the gift is uncertain and the beneficiary indefinite, and because the provision vio- lates the statute against accumulations and is obnoxious to the rule against perpetuities. It is first argued that the subject matter of the gjift is uncertain because there may be nothing remaining after paying legacies, taxes, insurance and the annuity to Jennie E. Calkins. The bill describes three pieces of real estate owned by the testatrix and alleges that she left a sum of money and personal property, so that the estate had a net value of $37,283.61.
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