Walter ex rel. Purdy v. Walter
Supreme Court of Missouri
Appeal from St. ■ Louis Circuit Court. I. There was no trust created by the language of the deeds. What purported to be a trust was instantly executed by the statute of uses, leaving no estate in the trustee. . (Hill on Trustees, 232-8.) (a) The fact that one of the cestuis que trust was or became a married woman does not defeat the operation of the statute, because the estate to her was not a separate estate.
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Appeal from St. ■ Louis Circuit Court. I. There was no trust created by the language of the deeds. What purported to be a trust was instantly executed by the statute of uses, leaving no estate in the trustee. . (Hill on Trustees, 232-8.) (a) The fact that one of the cestuis que trust was or became a married woman does not defeat the operation of the statute, because the estate to her was not a separate estate. An estate to the joint use of husband and wife is not a separate estate. (Greyer v. Branch Bank, 21 Ala. 414; Bender v. Reynolds, 12 Ala. 446.) (h) The fact that the estate to Mrs.…
1Opinion of the CourtWagnbR, Judge
This was a proceeding in the nature of a bill in equity for the purpose of reinstating a trust. It appears that the plaintiff and defendant, on the 18th of May, 1857, mutually agreed to convey, or procure to be conveyed, certain real estate belonging to them, or their friends respectively, to a trustee, to hold to the joint use of both. This agreement was made in contemplation of marriage. Afterward the plaintiff, in pursuance of this agreement, procured from her mother, Charlptte J. Purdy, a conveyance of certain real estate to one John Burkholder, for the use, benefit and behoof of said…
2Cases cited1 opinion
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
3Cited by8 opinions
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Reed v. PainterSupreme Court of Missouri · 1898
- Todd v. TerryMissouri Court of Appeals · 1887
- Rieper v. RieperSupreme Court of Missouri · 1883
- Sackman v. SackmanSupreme Court of Missouri · 1898
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