Gilman v. Bell
Illinois Supreme Court
99 Ill. 144 (1881)
Relevant factsFree
Solomon Bell's will gave his daughter-in-law Ellen a life estate in certain property, while giving his son Robert (defendant) a power of appointment allowing Robert to designate anyone, at any time, to receive an interest in the property; Gilman (plaintiff), one of Robert's creditors, sought to attach the property, arguing Robert could appoint himself owner at any time and therefore effectively held an attachable interest. The trial court ruled against Gilman, and he appealed.
IssueFree
Whether the holder of a power of appointment holds vested title or a vested interest in the property unless and until he exercises the power in his favor.