Gaston v. Hayden ex rel. Webb
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». H. G. Timmonds, Judge. (1) T. C. Hayden is not made trustee of tbe legacy bequeathed to appellant, Ernest Webb, by the terms of the will of Emma I. Webb, but Rebecca Hayden is by said will “constituted, nominated and appointed” such trustee. Hayden was made executor of her will in case of 'death or refusal to act of Rebecca Hayden, but the office of executor and that of trustee under the will are, by its terms, entirely distinct.
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Appeal from Jasper Circuit Court. — Ho». H. G. Timmonds, Judge. (1) T. C. Hayden is not made trustee of tbe legacy bequeathed to appellant, Ernest Webb, by the terms of the will of Emma I. Webb, but Rebecca Hayden is by said will “constituted, nominated and appointed” such trustee. Hayden was made executor of her will in case of 'death or refusal to act of Rebecca Hayden, but the office of executor and that of trustee under the will are, by its terms, entirely distinct. Simpson v. Cook, 24 Minn. 180; Officer v. Simpson, 27 Minn. 147; In re Richenbaugh, 42 Mo. App. 528; Francisco v. Wingfield,…
1Opinion of the CourtSmith, P. J.
Emma I. Webb, divorced wife of E. T. Webb and mother of Ernest'Webb, departed this life in the year 1894, first having made her last will which,' amongst other provisions, contained the following, to-wit:
“Second. I give, devise and bequeath to my son, Ernest Webb, the sum of ten thousand dollars, to be held by my executrix hereinafter named in trust until my said son arrives at the age of twenty-one, and then *687given to him. Said snm during the infancy of my son to be loaned out by my executrix on real estate in Jasper county, Missouri, and the interest thereon to be used in keeping,…
2Cases cited5 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1882
- Gartside v. GartsideSupreme Court of Missouri · 1892
- Scott v. RandMassachusetts Supreme Judicial Court · 1875
- Webb v. HaydenSupreme Court of Missouri · 1901
- Catron's EstateMissouri Court of Appeals · 1900
3Cited by13 opinions
- In re Allard GuardianshipMontana Supreme Court · 1914
- Vest v. BialsonSupreme Court of Missouri · 1956
- Morrison v. AsherMissouri Court of Appeals · 1962
- Shelton v. McHaneySupreme Court of Missouri · 1938
- Massey v. St. Joseph Bank and Trust Co.Indiana Court of Appeals · 1980
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