Lemp v. Lemp
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». George C. Hitchcock, Judge. (1) The words in the third clause of the will of William J. Lemp are sufficient to create a trust in favor of the children and the grandchild therein mentioned. Murphy v. Carlin, 113 Mo. 112; Noe v. Kern, 93 Mo. 367; Bakert v. Bakert, 86 Mo.
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Appeal from St. Louis City Circuit Court. — No». George C. Hitchcock, Judge. (1) The words in the third clause of the will of William J. Lemp are sufficient to create a trust in favor of the children and the grandchild therein mentioned. Murphy v. Carlin, 113 Mo. 112; Noe v. Kern, 93 Mo. 367; Bakert v. Bakert, 86 Mo. App. 83; Schmucker’s Estate v. Reel, 61 Mo. 596; Colton v. Colton, 127 U. S. 300; Bohon v. Barrett, 79 Ky. 383; Warner v. Bates, 98 Mass. 278; Knox v. Knox, '59 Wis. 172; Jarman on Wills, p. 680. As between husband and wife, in order to create a trust in favor of their children,…
1Opinion of the CourtGraves, P. J.
This is an action in equity whereby it is sought to have the court declare a precatory trust. Plaintiff is the only child of Frederick W. Lemp, deceased. William J. Lemp, the father of the said Frederick W. Lemp, died leaving the following will:
“I, William J. Lemp, hereby make, publish and •declare this as and for my last will and testament, hereby revoking all previous wills. I direct the payment of my debts and the closing of administration on my estate as rapidly as the law will permit.
*542“I give, bequeath aud devise to my wife, Julia Lemp, all my property, real and personal or mixed,…
2Cited by13 opinions
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