Legal Opinion

Keeton's Heirs v. Keeton's Administrator

Supreme Court of Missouri

Decided March 15, 1855PublishedCited by 36 opinions

Appeal from St. Frangois Circuit Court. This was a bill in chancery, filed in March, 1848, by the heirs of John Keeton, to recover certain slaves, (with the value of their hire and services,) claimed by them to have been held by William Keeton, the defendant’s intestate, (who had administered upon the estate of their father,) as their trustee, and by the defendant to belong to his intestate’s estate.

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Appeal from St. Frangois Circuit Court. This was a bill in chancery, filed in March, 1848, by the heirs of John Keeton, to recover certain slaves, (with the value of their hire and services,) claimed by them to have been held by William Keeton, the defendant’s intestate, (who had administered upon the estate of their father,) as their trustee, and by the defendant to belong to his intestate’s estate. About the year 1824, John Keeton, who had previously resided in Franklin county, Tennessee, where he had become somewhat embarrassed, came to Jefferson county, Missouri, leaving behind him his…

1Opinion of the CourtScott, Judge

1. It cannot have escaped the observation of those whose attention has been called to the subject, that the application of the statute of limitations, in courts of equity, to matters of trust, is made difficult from the contrariety ■ of opinion which prevails in relation to it. Whilst all admit that an express or direct trust is not subject to be barred by the statute, a difficulty is experienced in determining what trusts fall under the denomination of express or direct trusts, as well as in ascertaining the period of limitations to be applied after the character of the trust is determined.

Al…

2Cases cited5 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Piatt v. VattierSupreme Court of the United States · 1835
  3. Leland v. WilkinsonSupreme Court of the United States · 1836
  4. Marvin v. BatesSupreme Court of Missouri · 1850
  5. Fackler v. FacklerSupreme Court of Missouri · 1851

3Cited by36 opinions

  1. Estate of HinckleyCalifornia Supreme Court · 1881
  2. James v. JamesSupreme Court of Alabama · 1876
  3. Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
  4. Anderson v. NorthropSupreme Court of Florida · 1892
  5. Bent v. PriestSupreme Court of Missouri · 1885

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