McIlvaine v. Smith
Supreme Court of Missouri
Error to St. Louis Circuit Court. This suit was instituted by plaintiff against Garesche as trustee, and Tkomas E. Smith, as cestui que trust, under two deeds made by Charles Gibson to John E. Riggin, original trustee. Under a power of appointment reserved to Smith to change the trustee, but not the uses or trusts, Weissinger at first, and subsequently Garesche, had been substituted as trustee.
Read the full summary
Error to St. Louis Circuit Court. This suit was instituted by plaintiff against Garesche as trustee, and Tkomas E. Smith, as cestui que trust, under two deeds made by Charles Gibson to John E. Riggin, original trustee. Under a power of appointment reserved to Smith to change the trustee, but not the uses or trusts, Weissinger at first, and subsequently Garesche, had been substituted as trustee. The petition in substance alleged that Gibson was only nominally the owner, by purchase from Smith, of the realty described in the petition and situate in St. Louis county; that Gibson, by two deeds,…
1Opinion of the CourtHolmes, Judge
The case is submitted upon the questions, first, whether, under the terms of the trust deed, Thomas F. Smith took an estate or interest in the land that was vendible under execution; and second, whether the plaintiff 'is entitled to any relief upon this bill, or can, by any proceeding in equity, reach the profits of the land during the life of Smith.
There is no allegation of fraud, and the validity of the deed is admitted. It is to be taken as a voluntary conveyance in good faith and upon a good consideration. . The deed creates a trust; and the trusts declared are of such a nature as to…
2Cases cited11 opinions
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Brant v. RobertsonSupreme Court of Missouri · 1852
- Ashhurst v. GivenSupreme Court of Pennsylvania · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Lackland v. GarescheSupreme Court of Missouri · 1874
- McColgan v. Magee, Inc.California Supreme Court · 1916
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Block v. MorrisonSupreme Court of Missouri · 1892
20 more not listed; retrieve them via the Exa API.