Frost v. Redford
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) Guardians of insane persons are trustees, and are governed by the law pertaining to trustees. Michael v. Locke, 80 Mo. loe. cit. 551; State to use v. Jones, 89 Mo. loe. cit. 478. (2) Trust funds in the hands of trustees are to be managed and disposed of by them for the equal benefit of all creditors. State ex rel. v. Brockman, 39 Mo. App. 131, and cases cited.
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Certified from Kansas City Court of Appeals. (1) Guardians of insane persons are trustees, and are governed by the law pertaining to trustees. Michael v. Locke, 80 Mo. loe. cit. 551; State to use v. Jones, 89 Mo. loe. cit. 478. (2) Trust funds in the hands of trustees are to be managed and disposed of by them for the equal benefit of all creditors. State ex rel. v. Brockman, 39 Mo. App. 131, and cases cited. (3) A power given to a trustee to pay such creditors, and prefer such claims as he pleased, would render the trust void. 2 Perry on Trusts [2 Ed.], sec. 600. (4) The statute makes it the…
1Opinion of the CourtBurgess, J.
From a judgment rendered in the circuit court, plaintiff appealed to the Kansas City court of appeals, where the judgment was reversed and the cause remanded, but, because of an apparent conflict in the decision of the case by the court of appeals, and the decision of this court in State to use v. Jones, 89 Mo. 470, the case was certified to this court. The case' is reported in 54 Mo. App. 345. The facts, as stated by Smith, P. J., are as follows:
“This was an action at law, based upon a judgment recovered by the plaintiff against Ebenezer D. Frost, who had previously been adjudged insane. The…
2Cases cited2 opinions
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886
- Frost v. RedfordMissouri Court of Appeals · 1893
3Cited by2 opinions
- In the Estate of LivingstonMissouri Court of Appeals · 1982
- State v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1918