As you might or might not know, in 2005 Carolyn took Mary to Atty. Haggerty for a bit of “estate planing” that obviously benefitted Carolyn in the long run.
But in her haste for greed, Carolyn did not know and did not consider that the Trust was actually invalid due to the “Statute of Uses” which prohibits the trustor and trustee from being the same entity, thereby creating a false trust. This is a concept that came from a law passed by Henry VIII in 1529 which broke up the concept of using trusts to avoid taxes by the landlowners.
Clever lords, they passed laws earlier saying that only a beneficial interest in land could be taxed and not the legal ownership, and then the lords created trusts where non-taxable entities held the beneficial ownership.
Well a few created trusts where both the trustor (the person granting the item or land to the trust) and the trustor (the person controlling the trust) were one and the same. Henry VIII needed to fill his coffers so poof that was gone.
Today, the US courts, including Illinois still adhere to that precept: where the trustor and trustee are one and the same, the trust is a fake and a fraud and can be voided.
Now Carolyn had her own sister evicted, a certain “Gale Gatekeeper” (she has asked me to and I have no problem with, using a pseudonym for her, and I believe this one fits), based upon the trust document, so the eviction proceeding, for that and other reasons (the trust said that Mary had to be found incompetent by her own personal physician–a certain Dr. Patel–which he refused to do) is completely wrongful and voidable.
see the below link.
for more information on the Statute of Uses, check out the detailed article on Wikipedia, the source for all things obscure but still in use today.
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