Gilman v. Bell

99 Ill. 144 (1881)

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Gilman v. Bell

Illinois Supreme Court
99 Ill. 144 (1881)

SC

Facts

Solomon Bell’s will left property to his daughter-in-law, Ellen Bell, for the life of Ellen’s husband (Solomon’s son), Robert Bell (defendant). The will gave Robert the power of appointment—the power to choose anyone at any time to have an interest in the property. Gilman (plaintiff) was a creditor of Robert. Gilman filed a petition seeking to attach the property, arguing that Robert could appoint himself the owner of the property at any time. The trial court ruled against Gilman. Gilman appealed.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

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Casebooks

Property
Wills, Trusts, and Estates

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