State Savings Loan & Trust Co. v. Swimmer
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Victor H. Falkenhainer, Judge. (1) Under section 2859, R. S. 1909, defendant is not qualified to act as trustee in the instant case.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Victor H. Falkenhainer, Judge. (1) Under section 2859, R. S. 1909, defendant is not qualified to act as trustee in the instant case. R. S. 1909, section 2859. (2) A will is a conveyance within the meaning of section 2859, R. S. 1909. Stamm v. Bostwick, 122 N. Y. 48; Prouty v. Clark, 73 Iowa, 55; Tiedemaun on Real Property (3 Ed.), sec. 628; Funck & Wagnalls New Standard Dictionary, title “Conveyance;” Baker v. Clark, 7 U. C. Q. B. 44; Seabum v. Seabnrn, 15 Gratt (Va.), 423; White v. Fitzgerald, 19 Wis. 480; Kelly v. Fleming, 113 N.…
1Opinion of the Court
This is a proceeding in equity to compel the defendant Reuben S. Swimmer to deliver to the plaintiff certain personal property which was bequeathed to it in trust under the last will and testament of Lena S. Swimmer. After the filing of a demurrer to the petition which was overruled, defendant declined to plead further and a final decree was entered as prayed in the petition, from which the defendant duly appealed, claiming that the court erred in overruling his demurrer.
The petition states that the plaintiff is a corporation organized under the laws of the State of Illinois and as such is…
2Cases cited15 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- State ex rel. Spriggs v. RobinsonSupreme Court of Missouri · 1913
- Brandon v. CarterSupreme Court of Missouri · 1894
- Hays v. HarrisWest Virginia Supreme Court · 1913
- Bell v. Couch.Supreme Court of North Carolina · 1903
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3Cited by3 opinions
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- Guinness v. StateWashington Supreme Court · 1952
- Guinness v. StateWashington Supreme Court · 1952