Price v. Courtney
Supreme Court of Missouri
Appeal from Rettis Circuit Court. — Hon. Jno. P. Strother, Judge. (1) The largest discretionary power as to the management of the property was conferred upon Courtney by the will. If a power to mortgage can be conferred "by general terms, ■ the will in this case would seem to "be sufficient for that purpose, for the will declares that •Courtney shall have the same power as the testator himself would have if living.
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Appeal from Rettis Circuit Court. — Hon. Jno. P. Strother, Judge. (1) The largest discretionary power as to the management of the property was conferred upon Courtney by the will. If a power to mortgage can be conferred "by general terms, ■ the will in this case would seem to "be sufficient for that purpose, for the will declares that •Courtney shall have the same power as the testator himself would have if living. Hill on Trustees, secs. 355, 476 ; 1 Jones on Mortgages, sec. 129; Starr v. Moulton, 15-C. L. J. 189; Carter Bank, 36 Amer. 338. (2) The plaintiffs having received the béñéfit of…
1Opinion of the CourtRay, J.
By a stipulation filed in the above entitled causes it is agreed that they are cross-appeals and belong to the same cause, and are submitted on the same-briefs and abstracts. The object of their suit is to have declared null and void a deed of trust on certain lands, and the note thereby secured which were executed to-Mentor and D. W. Thomson. This litigation arose in regard to the will of H. M. Price and the powers therein conferred on Courtney, the executor, trustee, guardian, and curator therein named.
The provisions of said will, so far as material to the present controversy, are in these…
2Cases cited7 opinions
- Williams v. WoodardNew York Supreme Court · 1829
- Wooldridge v. ScottSupreme Court of Missouri · 1879
- Coutant v. ServossNew York Supreme Court · 1848
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- Tyson v. LatrobeCourt of Appeals of Maryland · 1875
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