Gilman v. Bell

99 Ill. 144 (1881)

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Nature of the Case

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Facts

P purchased a judgment against D, for $1000, upon which an execution had been issued, and returned no property found. An alias execution was issued and levied on certain real estate in which it is alleged D holds an interest. P filed a bill to subject the lands to the payment of his judgment. D filed a demurrer to the bill, which was sustained by the court below, and the bill was dismissed. D's interest in the land arose as follows: Solomon Bell, D's father, devised to Ellen Bell, the wife of D, to have and to hold property in trust, for and during the natural life of D; and upon his decease, it is my will, and I hereby direct, that she or her legal successor in this trust convey, transfer and deliver the same to the heirs at law of said D. D was also given the power of appointment to himself, or to any other person or persons, she or her said successor is hereby enjoined to promptly comply with such request, and the title shall pass to the grantee or grantees by such conveyance and transfer. P contends that D took under a life estate, or if not, such an equitable estate as should be subjected to the payment of his judgment. P claimed he took no estate of any kind, but merely a naked power of appointment. The court ruled for D and P appealed.