TRUSTS. PAGE. 186 186 when executrix has full power as sole trustce.. revocation of appointment of executor does not revoke his 187 247 when person substituted as executor has powers of trustee. 247 247 effect where widow having a life estate in personal prop- what necessary in order to create trust by will.. 338 338 what proof shows that conveyance to a child, of land pur- a resulting trust arising by operation of law is not defeated 339 356 to resulting trust.. 356 what does not prevent enforcement of resulting trust..... 356 ULTRA VIRES. when corporation may be estopped to raise the defense of VARIANCE. objection of variance is waived if not made below.... allegations descriptive of what is material, even though when variance between allegations and proof, in action for Supreme Court does not weigh the evidence in passing on VERDICT. uncertainty in stating cause of action in the declaration is when want of express allegation is cured by verdict. 569 569 VESTED RIGHTS. VILLAGES.-See MUNICIPAL CORPORATIONS. WAIVER. PAGE. 134 23 9 27 27 174 when city officer may waive provision of tunnel contract benefit society may waive by-law fixing age limit. ... 261 274 541 WATER-COURSES.-See STREAMS. WATER POWER. construction put upon contract by the parties thereto is en- 456 when canal commissioners may act on strength of an adju- 456 when question as to the manner in which lessees of water 456 WILLS. when persons born after testator's death will take..... 43 when devise violates rule against perpetuities... when will creates a contingent remainder. 186 WILLS.-Continued. when executrix has full power as sole trustee... when trustees have power to use corpus of estate if neces- discretionary powers of trustee cannot be delegated.. powers and duties of trustee cannot be transferred to an- PAGE. 186 186 187 187 187 what necessary in order to create a trust.. 338 devise "for the benefit of my family" construed as not cre- ating a trust...... .... 338 when will creates an estate for life but determinable upon 338 provision directing purchase of land not void for uncer- ... in construing a will every effort should be made to recon- 338 339 339 when children take vested estate in remainder.... 339 339 effect where widow having a life interest in personal prop- 339 insane delusion defined. 597 belief in religious creed, in so far as it pertains to a future 597 belief in Swedenborgianism and enthusiasm in promulgat- 597 Supreme Court may review the facts in will contest. .... 597 WITNESSES. when witnesses are incompetent... 88 when testimony of child is properly admitted. 239 239 541 WORDS AND PHRASES. devise "for the benefit of my family" construed as not cre- ating a trust..... 338 Table OF CASES COMPRISING THE FORMER DECISIONS CITED, COMMENTED UPON OR Adams v. Akerlund, 168 Ill. 632..... Alden Coal Co. v. Challis, 200 Ill. 222. Abend v. Endowment Fund Commission, 174 Ill. 96. PAGE. 31 160 95 Aldrich v. Metropolitan West Side El. R. R. Co. 195 Ill. 456.... 414 A Alexander v. Parker, 144 Ill. 355. 540 Alford v. Dannenberg, 177 Ill. 332.. 35 Allen v. McFarland, 150 Ill. 455. .349, 347 Atchison, Topeka and Santa Fe R. R. Co. v. Feehan, 149 Ill. 202.438 Bailey v. Philadelphia, etc. R. R. Co. 4 Harr. 389.... 117 Bank of Augusta v. Earle, 13 Pet. 579. 593 Barclay v. Barclay, 184 Ill. 471. 498 Barker v. Koozier, 80 Ill. 205. 577 Batavia Manf. Co. v. Newton Wagon Co. 91 Ill. 230. Belleville, City of, v. Citizens' Horse Ry. Co. 152 Ill. 171....... 592 Bloomington, City of, v. Goodrich, 88 Ill. 558. 40 425 593, 592 ·399, 398 Bradley v. Palmer, 193 Ill. 15.. Brison v. Brison, 75 Cal. 252.. Brown v. Brown, 43 Ind. 474. Brown v. City of Aurora, 109 Ill. 165. Brush v. Lemma, 77 Ill. 496... Bryan v. Howland, 98 Ill. 625... Buchanan v. Pirie, 205 Pa. St. 123. Bonner v. Illinois Land and Loan Co. 96 Ill. 546. Bridgeport v. New York & N. H. R. R. Co. 36 Conn. 255...... 593 267 278, 26 606 ..381, 380 354 313, 311 158 .348, 347 603 Calumet and Chicago Dock Co. v. Morawetz, 195 Ill. 398. Carpenter v. People, 3 Gilm. 147. Chapman v. Cheney, 191 Ill. 574. Cheltenham Improvement Co. v. Whitehead, 128 Ill. 279... Chicago and Alton R. R. Co. v. S. & N. W. R. R. Co. 67 Ill. 142. 240 87 453 455 .313, 310 375 45 225 31 273 577, 576 335 311 527 527 525 40 |