In Re Gleeson's Will

124 N.E.2d 624 (1955)

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Nature of the Case

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Facts

Gleeson, died testate and nominated Con Colbrook (D) executor of farmland she owned. D was also appointed as trustee under the will and the residuary estate, including the aforesaid farmland, was devised to him in trust for the benefit of decedent's 3 children, Helen Black, Bernadine Gleeson, and Thomas Gleeson, an incompetent (Ps). On March 1, 1950, Gleeson leased the 160 acres for the year ending March 1, 1951, to William Curtin, a partnership. On March 1, 1951, she again leased the premises to said partnership for the year ending March 1, 1952. Upon the expiration of this latter lease the partnership held over as tenants under the provisions thereof and farmed the land until March 1, 1953, at which time Curtin leased the land to another tenant. While there is no written lease in evidence, the record indicates the terms thereof provided for payment to the lessor of $10.00 per acre cash rent and a share in the crops of 1/2 of the corn and 2/5 of the small grain. D's appointment as trustee was confirmed by the circuit court and he filed his first semiannual report that was accepted by the court on December 5, 1953. Ps filed certain objections: D as trustee leased a portion of the real estate of the trust to himself as a partner of William Curtin and that D received a share of the profits realized by him and Curtin from their farming operation of said real estate. The court entered an order overruling the objection by P to the report. Ps appealed.