Arnold v. Brockenbrough
Missouri Court of Appeals
Appeal from Boone Circuit Court, Hon. GK II. Burokhartt, Judge. Statement of case by the court. This is a' proceeding to subject certain personal property, as the separate property of the defendant, Alice, to tlie payment of two promissory notes executed by her, with, her ’husband, W. N. Brockenbrough, and EL W. Yancey as sureties to the plaintiff.
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Appeal from Boone Circuit Court, Hon. GK II. Burokhartt, Judge. Statement of case by the court. This is a' proceeding to subject certain personal property, as the separate property of the defendant, Alice, to tlie payment of two promissory notes executed by her, with, her ’husband, W. N. Brockenbrough, and EL W. Yancey as sureties to the plaintiff. The action .grows out of the following state of facts : Mrs. Eleonora S. Thomas, the mother of Alice, by her last will and testament, devised and bequeathed her property, consisting of lands and money, to her two children, the said Alice, and her…
1Opinion of the CourtPhilips, P. J.
TYe will first consider this case with *634reference to so much of the property in question as came to Mrs. Brockenbrough under the will of her mother. The first important fact to be noted is, that the interest created for Alice under this will is only a life estate. Only the usufruct of the property, in whatever form the trustee may put it, enures to her benefit. The title to the property is first in Todd as executor, and then as trustee. There is no power of alienation, disposition, or right to manage and control by Alice at any time nor under any circumstances. The whole power of control,…
2Cases cited9 opinions
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
- McCoy v. HyattSupreme Court of Missouri · 1883
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Coon v. BrookNew York Supreme Court · 1856
- Dickerson v. ChrismanSupreme Court of Missouri · 1859
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3Cited by4 opinions
- Gibson v. GibsonSupreme Court of Missouri · 1920
- Gabriel v. MullenMissouri Court of Appeals · 1888
- Boden v. JohnsonMissouri Court of Appeals · 1932
- Dill v. CrumMissouri Court of Appeals · 1890