Kirk v. Middlebrook
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The person with whom a contract is entered into for the benefit of another may sue in his own name, in enforcement of such contract, without joining with him such other person; he is a trustee of an express trust within the meaning of the statute.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The person with whom a contract is entered into for the benefit of another may sue in his own name, in enforcement of such contract, without joining with him such other person; he is a trustee of an express trust within the meaning of the statute. Wright v. Tinsley, 30 Mo. 389; R. S. 1899, sec. 541. (2) An agreement to dispose of property by will in a particular way, if made on a sufficient consideration, is valid and binding, and although circumstances may render it impossible to specifically enforce such an agreement…
1Opinion of the CourtLamm, J.
Doctor Adams (of middle age) died in Kansas City on August 3, 1899, intestate, possessed of an estate of sixty thousand dollars. Presently, on August 5, of the same year, Mr. Middlebrook of tbe Kansas City bar qualified and took upon himself tbe burden of administering upon his estate. On August 9, 1901, Mrs. Kirk and ber husband lodged a bill in equity against Middlebrook and tbe unknown heirs of Adams, the object of which was to decree Mrs. Kirk a distributee in Adams’ estate on behalf of her child, Eugene Joseph Kirk, to tbe amount of $5,000.
*252Cast on a hearing on the merits, plaintiff…
2Cases cited12 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Kinney v. MurraySupreme Court of Missouri · 1902
- Wright v. TinsleySupreme Court of Missouri · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Magnolia Coca Cola Bottling Co. v. JordanTexas Supreme Court · 1935
- Walker v. BohannanSupreme Court of Missouri · 1912
- Jones v. LinderSupreme Court of Missouri · 1952
- Selle v. SelleSupreme Court of Missouri · 1935
- Foley v. HarrisonSupreme Court of Missouri · 1911
19 more not listed; retrieve them via the Exa API.