Wiegand v. Woerner
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Tbe claim of executor Woerner is not only contrary to the terms of tlie will, which must prevail, but - is contrary to all the' authorities on the subject.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Tbe claim of executor Woerner is not only contrary to the terms of tlie will, which must prevail, but - is contrary to all the' authorities on the subject. Sec. 583, R. S. 1909; Irving v. Rankine, 13 Hun. 147 affirmed in 79 N. Y. 636; Kearney v. Cruickshank, 117 N. Y. 95; Mower v. Sanford, 63 L. R. A. 625; Tracy v. Strong, 2 Conn. 659; Hizer v. Hizer, 71 Ind. 526; Nading v. Elliott, 137 Ind. at p. 276; Chase v.. Darby, 110 Mich. 314; Wiggin v. Swett, 47 Mass. (6 Mete.) 194. (2) Defendant Woerner was disqualified…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— First: Although counsel for the respective parties, with the exception of the learned counsel representing Mrs. Anna Rubelmann, have devoted most of their very elaborate briefs and arguments to the consideration of the question of allowance to the trustees of commission, and as to whether Mr. Woerner, by reason of occupying the position of executor of the will of Mrs. Rosalie Wiegand, in claiming this fund from himself and his co-trustee, has forfeited his right as trustee and should be removed as such, the material and underlying question in the case arises over…
2Cases cited15 opinions
- Kearney v. . CruikshankNew York Court of Appeals · 1889
- Cross v. HochSupreme Court of Missouri · 1899
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- Newton v. RebenackMissouri Court of Appeals · 1901
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