Frost v. Redford
Missouri Court of Appeals
Appeal from the Johnson Circuit Cou/rt. — Hon. O. W. Sloan, Judge. (1) Guardians of insane persons are trustees and are governed by the law pertaining to trustees. Michael v. Loche, 80 Mo. 551;State to use v. Jones, 89 Mo. 478. (2) Trust funds in the hands of trustees.are to be managed and disposed of by them for the equal benefit of all creditors. State ex rel v. Brockman, 39 Mo. App. 131, and cases cited.
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Appeal from the Johnson Circuit Cou/rt. — Hon. O. W. Sloan, Judge. (1) Guardians of insane persons are trustees and are governed by the law pertaining to trustees. Michael v. Loche, 80 Mo. 551;State to use v. Jones, 89 Mo. 478. (2) Trust funds in the hands of trustees.are to be managed and disposed of by them for the equal benefit of all creditors. State ex rel v. Brockman, 39 Mo. App. 131, and cases cited. (3) A power given to a trustee to pay such creditors and prefer such claims as he pleased would render the trust void. 2 Perry on Trusts [2 Ed.] sec. 600. (4) The statute makes it the duty…
1ConcurrenceEllison, J.
(concurring). — The defendant’s ward was adjudged insane and defendant appointed his guardian on the fifth of July, 1888. When defendant took charge of the estate he found that the ward was indebted to various parties, among others to this plaintiff. Plaintiff obtained a judgment on his claim after the ward was adjudged insane, the defendant herein defending as guardian. There were not sufficient assets of all kinds belonging to the ward’s estate to pay all his debts in full. Defendant paid a portion of several 6ebts to other creditors but refused to pay *355any portion of plaintiff’s judgment…
2Cases cited6 opinions
- Rannells v. GernerSupreme Court of Missouri · 1883
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886
- Heard v. SackSupreme Court of Missouri · 1884
- Commissioners of Currituck County v. Commissioners of Dare CountySupreme Court of North Carolina · 1878
- Adams v. . ThomasSupreme Court of North Carolina · 1879
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