Wittmeier v. Heiligenstein

139 N.E. 871 (1923)

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Nature of the Case

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Facts

A deed was made to St. Clare's by Josephine in consideration of $1 to convey to the church a 60-acre farm and other property if the church would pay to Charles the sum of $50 per month beginning one month after the death of Josephine and take care of him and give him a decent burial. The deed was declared void in another action because an unincorporated religious society was incapable in law of taking by deed. The next issue litigated was whether the deed impressed a trust upon the property in favor of Charles.