Yore v. Crow
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The respondent should be required to give security for the faithful performance of his trust duties in the management of the estate and to secure the ultimate disposition of the property according to the provisions of the will.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The respondent should be required to give security for the faithful performance of his trust duties in the management of the estate and to secure the ultimate disposition of the property according to the provisions of the will. E. S. 1899, sec. 4582; Gartside v. Gartside, 113 Mo. 354; Thieband v. Dufour, 54 Ind. 328. (2) It is the duty of the court, under the statute, to require of the trustee a bond sufficient to fully secure those beneficially interested in this estate, and no discretion is given to deny the…
1Opinion of the CourtGoode, J.
There were five beneficiaries of a trust created by the will of Michael L. Kelly, deceased, of whom plaintiff is one. Eespondent is the trustee.
The ninth clause of the will raises the trust and is as follows:
“I give, devise and bequeath to William E. Crow, all the rest, residue and remainder of my estate, real, personal and mixed, in trust, however, to hold the same, for the use and benefit of my children, John S., Joseph, Alice, and Eosa Ann, and John M. Power, the son of my deceased daughter, Nellie, during each of their natural lives, with full power in *564said trustee or Iris successor in…
2Cited by1 opinion
- Rice v. Odd Fellows Lodge No. 85Missouri Court of Appeals · 1947