State ex rel. Fagan v. Grigsby
Supreme Court of Missouri
Appeal from Cedar Circuit Court. — Hon. NoahM. Gi-ivan, Judge. (1) An administrator is the trustee of an express' trust, in whose favor the statute of limitations does not commence to run until there is some denial of the trust.
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Appeal from Cedar Circuit Court. — Hon. NoahM. Gi-ivan, Judge. (1) An administrator is the trustee of an express' trust, in whose favor the statute of limitations does not commence to run until there is some denial of the trust. Ruby v. Barnett, 12 Mo. 3; Smith v. Ricords, 52 Mo. 581 ; Ricord v. Watkins, 56 Mo. 553 ; Keeton v. Keeton, 20 Mo. 530; Butler v. Lawson, 72 Mo. 227. (2) The statute commences to run in favor of an administrator and his sureties from the time of final settlement, or judicial ascertainment of the administrator’s liability. State v. Blackwell, 20 Mo. 97; Tapley v.…
1Opinion of the CourtBrace, J.
This action was commenced in' the circuit court of Johnson county, on the eleventh day of January, 1884, by plaintiffs, who claim as legatees, under the will of Bay less B. Grigsby, deceased. The petition states, in substance, that Bayless B. Grigsby died *422about October 1, 1856, in Johnson county, Missouri, leaving a will, which was duly probated October 31, 1856; that, by said will, defendant, Wm. P. B. Grigsby, was appointed executor, and directed to sell all the property, real and personal, to pay himself five thous- and dollars, and distribute the remainder among the heirs of said…
2Cases cited5 opinions
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- State ex rel. Ingram v. MortonSupreme Court of Missouri · 1853
- Morehouse v. WareSupreme Court of Missouri · 1883
- State ex rel. Kelley v. ThorntonSupreme Court of Missouri · 1874
- State ex rel. Ingram v. RankinSupreme Court of Missouri · 1836
3Cited by7 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Wilson v. MartinezWyoming Supreme Court · 1956
- Clarke v. SinksSupreme Court of Missouri · 1898
- Estate Pound v. CassitySupreme Court of Missouri · 1902
- State ex rel. McGeever v. ShiresMissouri Court of Appeals · 1890
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