Ames v. Scudder
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. “The execution of a power must be according to the substantial intention and purpose of the party cheating the power; not restraining or lessening it by a narrow or rigid construction, nor by a loose and extended interpretation dispensing with the substantial object which was meant to be.performed.” — Jackson v. Veeder, 11 Johns. 169 ; Aleyn v. Belchier, 1 Ld. Cas.
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Appeal from the St. Louis Circuit Court, Thayer, J. “The execution of a power must be according to the substantial intention and purpose of the party cheating the power; not restraining or lessening it by a narrow or rigid construction, nor by a loose and extended interpretation dispensing with the substantial object which was meant to be.performed.” — Jackson v. Veeder, 11 Johns. 169 ; Aleyn v. Belchier, 1 Ld. Cas. Eq. 573, and notes; 2 Perry on Tr., sects. 508-511, 511a, and cases cited ; Trustees, etc., v. Northampton, 10 Allen, 498; 1 Story’s Eq. Jur., sect. 106; Wormley v. Wormley, 8…
1Opinion of the Court
Lewis, P. J.',
delivered the opinion of the court.
Henry Ames died in August, 1866, leaving a last will and testament, whose provisions material to this controversy, are as follows: After a devise of specific property to the widow, Catherine Ames, in lieu of dower, the entire remainder of the estate is bequeathed to the testator’s brother, Edgar Ames, in trust, for the following, among other, purposes: 1. To pay to Miles Sells, in trust for his son, Henry Ames Sells, $5,000. 2. To hold in trust for Henry Semple Ames, son of Edgar Ames, $20,000, which sum is to be invested in real estate or…
2Cases cited9 opinions
- Steere v. SteereNew York Court of Chancery · 1820
- Bredell v. CollierSupreme Court of Missouri · 1867
- Dunscomb v. DunscombNew York Court of Chancery · 1815
- In re DavisSupreme Court of Missouri · 1876
- Williams v. Heirs of PettigrewSupreme Court of Missouri · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Lyter v. VestalSupreme Court of Missouri · 1946
- Williams v. HundSupreme Court of Missouri · 1924
- Calloway v. DotyNebraska Supreme Court · 1922
- Cochran v. CommissionerUnited States Tax Court · 1947
4 more not listed; retrieve them via the Exa API.