Frost v. Redford
Missouri Court of Appeals
Appeal from the Johnson Circuit Cou/rt. — Hon. O. W. Sloan, Judge. (1) Guardians of insane persons are trustees and are governed by the law pertaining to trustees. Michael v. Loche, 80 Mo. 551;State to use v. Jones, 89 Mo. 478. (2) Trust funds in the hands of trustees.are to be managed and disposed of by them for the equal benefit of all creditors. State ex rel v. Brockman, 39 Mo. App. 131, and cases cited.
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Appeal from the Johnson Circuit Cou/rt. — Hon. O. W. Sloan, Judge. (1) Guardians of insane persons are trustees and are governed by the law pertaining to trustees. Michael v. Loche, 80 Mo. 551;State to use v. Jones, 89 Mo. 478. (2) Trust funds in the hands of trustees.are to be managed and disposed of by them for the equal benefit of all creditors. State ex rel v. Brockman, 39 Mo. App. 131, and cases cited. (3) A power given to a trustee to pay such creditors and prefer such claims as he pleased would render the trust void. 2 Perry on Trusts [2 Ed.] sec. 600. (4) The statute makes it the duty…
1DissentGill, J.
(dissenting). — I understand Judge Smith in the foreoing opinion to announce the doctrine that a guardian of an insane person cannot be allowed to prefer any creditor of his ward; but in case the estate should prove insufficient to pay the debts in full then the guardian must pay pro rata; and failing in this, then the guardian can be held at'the suit of a neglected creditor for the proportion that would be coming to him on a pro rota distribution.
I must dissent from that position. The statute on insane persons relating to appointment, etc., of guardians by the probate court makes no such…
2Cases cited3 opinions
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886
- Crow v. WeidnerSupreme Court of Missouri · 1865
- Collier v. CairnsMissouri Court of Appeals · 1878