State ex rel. Hospes v. Branch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon Daniel Dillon, Judge. (1) Where one holds an estate in one trust capacity, which he is required to pay or1 deliver to himself in another trust capacity, inasmuch as he can not sue himself, the law eo instante transfers the estate from himself in the one capacity to himself in the other.
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Appeal from St. Louis City Circuit Court. — Hon Daniel Dillon, Judge. (1) Where one holds an estate in one trust capacity, which he is required to pay or1 deliver to himself in another trust capacity, inasmuch as he can not sue himself, the law eo instante transfers the estate from himself in the one capacity to himself in the other. State to use v. TLearst, 12 Mo. 365; Walker’s Adm’r v. Walker., 25 Mo. 367; Babb v. Ellis, 76 Mo. 459; Titt-mann v. Green, 108 Mo. 22; State ex rel. v. Branch, 112 Mo. 661; State to use v. Cheston, 51 Md. 352; Gilmer v. Baker, 24 W. Ya. 72; Commonwealth v. Gould,…
1Opinion of the CourtMaoeaklane, J.
Alice Crookes, while yet a minor, received a legacy under her father’s will. Defendant, Joseph W. Branch, was duly appointed her guardian, gave bond as such, and received the legacy, in April, 1875. The said Alice attained her majority February 25, 1882. Branch made final settlement of his curator-ship in the probate court on July 19, 1884, in which there was found to be due his ward the sum of $19,832.-*59715, wliich was ordered paid to the trustee of the said ward when appointed. In January, 1885, the said Alice Crookes filed her petition in the circuit court, reciting the foregoing facts, and…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Collins v. . HydornNew York Court of Appeals · 1892
- Henry v. WoodsSupreme Court of Missouri · 1883
- Young v. ByrdSupreme Court of Missouri · 1894
- Nave v. AdamsSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Rossi v. DavisSupreme Court of Missouri · 1939
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Switzer v. SwitzerSupreme Court of Missouri · 1906
18 more not listed; retrieve them via the Exa API.