Donaldson v. Allen
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer., Judge. (1) The devise to the executors of the real estate, subject to the life estate, was not to them personally, but, to them as executors. The estate in trust was, therefore, annexed to the office of executor, and terminated therewith. Littleton v. Addington, 59 Mo. 275; Francisco v. Winfield, 161 Mo. 512; Garesche v. Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer., Judge. (1) The devise to the executors of the real estate, subject to the life estate, was not to them personally, but, to them as executors. The estate in trust was, therefore, annexed to the office of executor, and terminated therewith. Littleton v. Addington, 59 Mo. 275; Francisco v. Winfield, 161 Mo. 512; Garesche v. Ins. Co., 116 Mo. 136. (2) While the learned judge was correct in holding that the devise in trust was incidental to the main purposes of the will, it is not necessary for. the purposes of this case that the…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity to construe the will of Thomas Allen, deceased, to have the trust created by the will terminated and dissolved, to require the trustees to account, and to have the real estate covered by the trust partitioned.
The facts, which are practically conceded, are these :
Thomas Allen was a prominent citizen of St. Louis, was a lawyer, the president of a railroad, a man of large fortune and had been a member of Congress. Pie died testate, in 18S&, leaving his widow and seven children, to-wit, the plaintiffs, Elizabeth L. Donaldson and Alice Maud Allen, since intermarried…
2Cases cited8 opinions
- Bates v. HamiltonSupreme Court of Missouri · 1898
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Hazel v. HaganSupreme Court of Missouri · 1871
- Owen v. SwitzerSupreme Court of Missouri · 1873
- Francisco v. WingfieldSupreme Court of Missouri · 1901
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3Cited by30 opinions
- Closset v. BurtchaellOregon Supreme Court · 1924
- Estate Bernice P. BishopHawaii Supreme Court · 1943
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
- Hughes v. NeelySupreme Court of Missouri · 1960
- Stewart v. JonesSupreme Court of Missouri · 1909
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