Michael v. Locke
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. A guardian of an insane person has power to continue tbe business of bis ward, if sucb continuance is essential for tbe preservation and protection of the estate of tbe insane person. 1 Wag.
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Appeal from St. Louis Court of Appeals. A guardian of an insane person has power to continue tbe business of bis ward, if sucb continuance is essential for tbe preservation and protection of the estate of tbe insane person. 1 Wag. Stat., § 40, p.'716; lb., § 19, p. 714; Reed v. Wilson, 18 Mo. 28. Trustees, executors and administrators are personally liable on contracts entered into by them for tbe benefit of tbe trust estate, in tbe absence of an express provision in tbe agreement to tbe contrary. Noyes v. Blakeman, 6N. Y.; News v. Nicoll, 19 N. Y. S. Ct. 431; 17 Alb. L. J. 292 ; Meyer o.…
1Opinion of the Court
Martin, C.
This was a suit in equity for the purpose of enforcing against the estate and assets of an insane person, a demand incurred by his guardian after he had taken charge of the estate.
The circuit court sustained a demurrer to the petition, and the plaintiff declining to plead further, final judgment went against him. The court of appeals affirmed the judgment, and the plaintiff has appealed to this court. The only question for us to determine, involves the action of the circuit court in sustaining the demurrer.
It is alleged in substance that Joseph H. Locke was adjudged insane by the…
2Cases cited1 opinion
- Exchange Bank v. TracySupreme Court of Missouri · 1883
3Cited by5 opinions
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886
- Roberts v. HendricksonMissouri Court of Appeals · 1898
- Frost v. RedfordMissouri Court of Appeals · 1893
- Grauman v. ChambersMontana Supreme Court · 1948
- Michael v. JonesSupreme Court of Missouri · 1884