Union Trust Co. v. Curby
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The trial court erred in holding that, upon the death of Joseph L. Curby, Jr., without issue, be-’ fore he arrived at the age of thirty-five years, his share in the trust funds given to the three trust companies, under the seventh clause of the will, passed to Clarence E. Curby, .sole surviving residuary beneficiary; and in refusing to adjudge in the decree that Joseph L. Curby, at the death.of the…
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The trial court erred in holding that, upon the death of Joseph L. Curby, Jr., without issue, be-’ fore he arrived at the age of thirty-five years, his share in the trust funds given to the three trust companies, under the seventh clause of the will, passed to Clarence E. Curby, .sole surviving residuary beneficiary; and in refusing to adjudge in the decree that Joseph L. Curby, at the death.of the testator, became the absolute owner of said share of the trust funds, the payment thereof to him only being postponed until…
1Opinion of the CourtWoodson, P. J.
The plaintiff, trustee under the will of Joseph L. Curby, deceased, instituted this suit against the defendants to construe said will.
*400Said Curby resided in the city of St. Louis, and departed this life March 8th, 1904. The will was executed August 7th, 1899; and at that time, Anna J. Curby, his wife, Clarence E. Curby, his son, and Joseph L. Curby, Jr., the only child of a deceased son, who died in the lifetime of his father, the testator, and before the will was executed, were all living.
At that time the said Clarence E. Curby had two sons living, namely, Clarence J. Curby and Kennett S.…
2Cases cited23 opinions
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Stokes v. . WestonNew York Court of Appeals · 1894
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Burnet v. BurnetSupreme Court of Missouri · 1912
- Quackenbos v. . KingslandNew York Court of Appeals · 1886
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3Cited by3 opinions
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Gregory v. BordersSupreme Court of Missouri · 1940
- Estate of Knighten v. GideonSupreme Court of Missouri · 1939