Wright v. Tinsley
Supreme Court of Missouri
Error to Callaway Circuit Court. Demurrer to a petition. The petition is entitled thus: “ Henry T. Wright, who sues as trustee for the use and benefit of Archie G. Dawson, administrator of the estate of Mary Dawson, deceased, plaintiff, against Abram Tinsley,” &c. The defendants are the executors of the will of Caleb Tinsley, deceased, and his devisees and heirs.
Read the full summary
Error to Callaway Circuit Court. Demurrer to a petition. The petition is entitled thus: “ Henry T. Wright, who sues as trustee for the use and benefit of Archie G. Dawson, administrator of the estate of Mary Dawson, deceased, plaintiff, against Abram Tinsley,” &c. The defendants are the executors of the will of Caleb Tinsley, deceased, and his devisees and heirs. The petition sets forth, in substance, that said Caleb Tinsley, late of Au-drain county, Missouri, died in 1853, possessed of a large estate, consisting of land, negroes, ohoses in action, and personal property, of the value of…
1Opinion of the CourtEwing, Judge
The agreement which is sought to be enforced was entered into between Wright, the plaintiff, and Caleb Tinsley, deceased, and was, as is alleged, for the benefit of Wright’s daughter, Mrs. Dawson, who was.the grandchild of Tinsley. But it is maintained that, notwithstanding this was the nature of the agreement, Wright could not, under our code, sue, as he was not trustee of an express trust. A trustee of an express trust is defined by our statute to include a person *396with whom or in whose name a contract is made for the benefit of another, and if the contract in question was for Mrs. Dawson’s…
2Cited by31 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Jordan v. Abney, AdministratorTexas Supreme Court · 1904
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Bolman v. OverallSupreme Court of Alabama · 1886
- Gupton v. GuptonSupreme Court of Missouri · 1870
26 more not listed; retrieve them via the Exa API.