Richardson v. Richardson
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. There is in the will an express devise to Ellen of the use and occupation of the whole estate during the lives of Samuel and George, and not for their support alone, but for that of her own children. The estate was a trust in her hands, partly for the benefit of her children, and continues so still. Her death does not destroy the trust.
Read the full summary
Appeal from Jefferson Circuit Court. There is in the will an express devise to Ellen of the use and occupation of the whole estate during the lives of Samuel and George, and not for their support alone, but for that of her own children. The estate was a trust in her hands, partly for the benefit of her children, and continues so still. Her death does not destroy the trust. That the words of the will are sufficient to create a trust, see Pierce v. McKeehan, 3 Watts & S. 280 ; Redf. Wills, 174. The trust was not a personal one, but a substantial vested one for the life of others; and, on her…
1Opinion of the CourtCurrier, Judge
This is an ejectment. Both, parties claim under the will of John Richardson, deceased, and the true construction of the will is the first point for consideration. So far as the land in controversy is concerned, the following are the provisions hearing upon it: First, “I give and bequeath to my two sons, Samuel and George, all ” the land described in the petition. * * Second, “I also give to my two sons, Samuel and George, all my personal property, including my negro man Wash; also including all money which may be owing to me on note and mortgage, which is to be loaned out for the benefit of…
2Cited by3 opinions
- Jackson v. O'RorkeNebraska Supreme Court · 1904
- Martin v. SmithSupreme Court of Minnesota · 1942
- Haddock v. BronaughSupreme Court of Oklahoma · 1923