Kerens v. St. Louis Union Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court will resolve every doubt against the construction of the will contended for by the trust company and the remaindermen, for the trust company has completely identified its interest with the conflicting and partisan interest of the remaindermen, and is seeking a construction that will favor the remaindermen’s interest, identified with its own.
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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court will resolve every doubt against the construction of the will contended for by the trust company and the remaindermen, for the trust company has completely identified its interest with the conflicting and partisan interest of the remaindermen, and is seeking a construction that will favor the remaindermen’s interest, identified with its own. This is proved by the fact that the same counsel represent both the trust company and the remaindermen. Smith v. Jordan, 77 Conn. 473; Gordon v. Green, 113 Mass. 260;…
1Opinion of the CourtWalker, C. J.
This is a suit to construe the will of Richard C. Kerens and the statute conferring power upon trust companies to execute trusts of this character.
The testator was a resident of the City of St. Louis and executed the will April 10, 1916, and died in the following September. In said will the testator named as executor and trustee the St. Louis Union Trust Company. The suit is brought by Vincent Kerens, a son of the testator against the trust company as trustee and the legatees and devisees other than the plaintiff. The .trial court sustained the trust created by the will and the plaintiff has…
2Cases cited11 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Webster v. MorrisWisconsin Supreme Court · 1886
- Bredell v. CollierSupreme Court of Missouri · 1867
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- McMahan v. HubbardSupreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- Rouner v. WiseSupreme Court of Missouri · 2014
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- Evans v. RankinSupreme Court of Missouri · 1931
- Board of Registration Com'rs. v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1933
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