Mead v. Robertson
Missouri Court of Appeals
Appeal from Saline Circuit Court.— Hon. Samuel G. Davis, Judge. (1) If a testator “is induced either to make a will or not to change one after it is made, by a promise, express or implied on the part of a legatee that he will devote his legacy to a certain lawful purpose a secret trust is created and equity will compel him to apply property thus obtained in accordance with his promise.” “The trust springs from the intention of the testator and the promise of the legatee.”
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Appeal from Saline Circuit Court.— Hon. Samuel G. Davis, Judge. (1) If a testator “is induced either to make a will or not to change one after it is made, by a promise, express or implied on the part of a legatee that he will devote his legacy to a certain lawful purpose a secret trust is created and equity will compel him to apply property thus obtained in accordance with his promise.” “The trust springs from the intention of the testator and the promise of the legatee.” “The same rule applies to heirs and next of kin who induce their ancestor, or relative, not to make a will by promising in…
1Opinion of the CourtEllison, J.
This is a bill in equity to declare defendants trustees ex maleficio and enforce an implied or constructive trust. The judgment in the trial court was for the defendants.
The case arises out of the following facts: William Mead was a young unmarried man about twenty-four years, of age. His father and mother were dead and his only heir was his half sister, Lillie M. Robertson, who was the wife of Dr. J. A. Robertson, called Arch by some witnesses. William died in May, 1904, after a week or ten days’ illness, leaving a personal estate of about ten thousand dollars. About nine o’clock of the…
2Cases cited20 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Ransdel v. MooreIndiana Supreme Court · 1899
- Williams v. . FitchNew York Court of Appeals · 1859
- Brook v. ChappellWisconsin Supreme Court · 1874
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3Cited by15 opinions
- Fix v. FixSupreme Court of Missouri · 1993
- Springer v. SpringerCourt of Appeals of Maryland · 1924
- Suhre v. BuschSupreme Court of Missouri · 1938
- Strype v. LewisSupreme Court of Missouri · 1944
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
10 more not listed; retrieve them via the Exa API.