McManus v. Park
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Victor H. Falkenhainer, Judge. (1) No cause of action is stated in the plaintiff’s petition requiring the filing in court of an accounting by-the defendant trustee, as a matter of equity or as a matter of law, absent a special statute providing such duty. State ex rel.
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Appeal from St. Louis City Circuit Court. — Hon. Victor H. Falkenhainer, Judge. (1) No cause of action is stated in the plaintiff’s petition requiring the filing in court of an accounting by-the defendant trustee, as a matter of equity or as a matter of law, absent a special statute providing such duty. State ex rel. McManus v. Muench, 217 Mo. 124. (2) The Act of 1911, does not create a duty requiring the defendant trustee to file in court an accounting, because such act applies only to trustees appointed by the court, and executing trusts created under wills, which became effective after the…
1Opinion of the Court
This is a proceeding brought by the plaintiff to compel an annual accounting by defendant, as trustee of the estate in which the plaintiff was one of the beneficiaries. The defendant filed a demurrer to the petition, which was overruled; defendant declined to plead further and judgment was entered for plaintiff in accordance with the prayer of the petition, from which judgment defendant appealed.
The accounting prayed for is that required by the Act of 1911 (Laws 1911, p. 430), Sections 13429 and 13430, Revised Statutes 1919. The will of Camilla S. McManus, mother of the plaintiff, was…
2Cases cited7 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- State ex rel. McManus v. MuenchSupreme Court of Missouri · 1909
- Squaw Creek Drainage District v. TurneySupreme Court of Missouri · 1911
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Smith v. DirckxSupreme Court of Missouri · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Corder v. CorderMissouri Court of Appeals · 1977
- Commerce Trust Company v. WeedSupreme Court of Missouri · 1958
- State Ex Rel. Sweezer v. GreenSupreme Court of Missouri · 1950
- Fisher v. Reorganized School District No. R-V of Grundy CountySupreme Court of Missouri · 1978
- State Ex Rel. Jones v. NolteSupreme Court of Missouri · 1942
8 more not listed; retrieve them via the Exa API.