Pugh v. Hayes
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) A use, a trust and a confidence is one and the same thing, and, if an estate is conveyed to one person for the use of, or upon a trust for another, and nothing more is said, the statute immediately transfers the legal estate to the use and no trust is created. 1 Perry on Trusts [4 Ed.] sec. 298; Terry v. Colber, 11 East, 377; Bight v. Smith, 12 East, 454; Bro%ighton v. Lmgley, 2 Salk. 679; Parks v. Parks,…
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Appeal from Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) A use, a trust and a confidence is one and the same thing, and, if an estate is conveyed to one person for the use of, or upon a trust for another, and nothing more is said, the statute immediately transfers the legal estate to the use and no trust is created. 1 Perry on Trusts [4 Ed.] sec. 298; Terry v. Colber, 11 East, 377; Bight v. Smith, 12 East, 454; Bro%ighton v. Lmgley, 2 Salk. 679; Parks v. Parks, 9 Paige (N. Y.), 107; Revised Statute, 1889, ch. 168; 1 Sanders on Uses [2 Am. Ed.] * 86, et seq. (2) No precise form of…
1Opinion of the CourtBlack, P. J.
The plaintiff prays for a decree declaring, the defendant, Alfred Hayes, seized of one hundred and fifty acres of land in trust for the defendant, Barbara Black, for the term of her natural life, and that the trust be executed by vesting such life estate in him as the purchaser of the property at an execution sale on a judgment against Barbara. The trial court dismissed the bill.
The record, as it stands, discloses the following facts: Thomas 8. Black, a resident of the state of Pennsylvania, died testate in December, 1870, and the will was duly probated in that state. The testator empowered…
2Cited by12 opinions
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Roden v. HelmSupreme Court of Missouri · 1905
- Newton v. RebenackMissouri Court of Appeals · 1901
- Webb v. HaydenSupreme Court of Missouri · 1901
- Heaton v. DicksonMissouri Court of Appeals · 1910
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