Hartnett v. Langan.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. J. Hugo Grimm, Judge. (1) The court erred in not overruling the objections to the introduction of any evidence .under the plaintiffs’ amended petition on the ground that the plaintiffs have no interest whereby they could bring this suit, and on the ground that the amended petition does not state facts sufficient to constitute a cause of action in behalf of the plaintiffs.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. J. Hugo Grimm, Judge. (1) The court erred in not overruling the objections to the introduction of any evidence .under the plaintiffs’ amended petition on the ground that the plaintiffs have no interest whereby they could bring this suit, and on the ground that the amended petition does not state facts sufficient to constitute a cause of action in behalf of the plaintiffs. The power of trustee cannot be exercised by the heirs, personal representatives or assigns of the donee unless they are expressly authorized by the grantor to do so. Mason v.…
1Opinion of the Court
Appeal from the Circuit Court of the City of St. Louis. The facts we find to be substantially as follows:
In 1856, William Tighe, a resident of Carlyle, Clinton County, Illinois, died, leaving a will, the 6th clause of which was as follows:
"6th. I give, bequeath and devise to my niece, Winefred Langan for life the other half of the residue of my estate, remainder in fee to the heirs of her body, or in default of such issue, at her death then remainder in fee to her father, mother, brothers and sisters equally, or their heirs taking per stirpes."
The will was duly probated in Illinois and a duly…
2Cases cited17 opinions
- Heizer v. Kingsland & Douglass Manufacturing Co.Supreme Court of Missouri · 1892
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Richardson v. BuschSupreme Court of Missouri · 1906
- Yocum v. SilerSupreme Court of Missouri · 1901
- DeLassus v. GatewoodSupreme Court of Missouri · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- Trautz v. LempSupreme Court of Missouri · 1934
- State v. UnderwoodWyoming Supreme Court · 1939
- Lewis v. LewisSupreme Court of Missouri · 1940
- St. Louis Union Trust Co. v. KernSupreme Court of Missouri · 1940
9 more not listed; retrieve them via the Exa API.