Burford v. Aldridge
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. George F. Longan. Judge. (1) A trustee may purchase the trust property from the beneficiary if the trade be fair and beyond suspicion. Richard v. Pitts, 124 Mr. 602; State ex rel. v. Jones, 131 Mo. 194; Sallee v. Chandler, 26 Mo. 124; x\llen v. Gillett, 127 U. S. 595. (2) These three residuary devisees had a right to sell. The estate became vested in them upon the death of Warren Wharton.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan. Judge. (1) A trustee may purchase the trust property from the beneficiary if the trade be fair and beyond suspicion. Richard v. Pitts, 124 Mr. 602; State ex rel. v. Jones, 131 Mo. 194; Sallee v. Chandler, 26 Mo. 124; x\llen v. Gillett, 127 U. S. 595. (2) These three residuary devisees had a right to sell. The estate became vested in them upon the death of Warren Wharton. There was no limitation over after their estate, but it vested in fee upon the death of Mrs. Wharton. ■ No prohibition against alienation and no restraint upon the…
1Opinion of the Court
In Division One.
VALLIANT, J.
This is a suit in equity in which the plaintiffs, as heirs of one of the legatees under the will of *423Warren Wharton, deceased, call the defendants, who claim under the will of Sarah Wharton,- deceased, to account for what the plaintiffs claim to be trust property attempted to be misdirected by the last mentioned will.
The facts out of which the controversy arises are as follows :
Warren Wharton died in 1875, leaving a widow and no descendants, his heirs at law being two brothers, Emsley and John Q-. Wharton, and a sister, Eliza Plummer. He left an estate consisting…
Also in this document: Per curiam.
2Cases cited3 opinions
- State ex rel. Jones v. JonesSupreme Court of Missouri · 1895
- Sallee v. ChandlerSupreme Court of Missouri · 1857
- Richards v. PittsSupreme Court of Missouri · 1894
3Cited by8 opinions
- Underwood v. CaveSupreme Court of Missouri · 1903
- Buschmeyer v. EikermannSupreme Court of Missouri · 1964
- Akin v. BonfilsSupreme Court of Oklahoma · 1915
- Byrd v. AllenSupreme Court of Missouri · 1942
- Masterson v. MastersonSupreme Court of Missouri · 1939
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