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…
1Opinion of the CourtSmith, P. J.
— This was an action at law based upon a judgment recovered by the plaintiff against Ebenezer D. Frost, who had previously been, adjudged insane. The petition alleged, amongst other things, that the defendant had been appointed guardian of the person and curator of the estate of said Frost, and had duly qualified as such; that there came into the hands of said defendant, as such curator, the sum of $10,000 in cash and personal property, and that the plaintiff at the time of the defendant’s appointment gave the latter notice of his claim and demanded payment thereof. The answer admitted the…
2Cases cited3 opinions
- Moody v. BibbSupreme Court of Alabama · 1874
- Stumph v. Guardianship of PfeifferIndiana Supreme Court · 1877
- Michael v. LockeSupreme Court of Missouri · 1883
3Cited by6 opinions
- In re Estate of ConnorSupreme Court of Missouri · 1914
- Zeideman v. MolaskyMissouri Court of Appeals · 1906
- State Ex Rel. Cockrum v. SouthernMissouri Court of Appeals · 1935
- Frost v. RedfordSupreme Court of Missouri · 1895
- State v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1918
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