Canada v. Daniel
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. ” Barnett, Judge. (1) Plaintiff has a right to maintain this action. He is a beneficiary in a trust fund. The former trustees have turned over part of the funds to the life tenant contrary to the provisions of the trust. The trustee refused to prosecute the action. Plaintiff, as the beneficial owner of the trust fund, is entitled to relief in equity. 22 Ency.
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Appeal from Audrain Circuit Court. — Hon. James D. ” Barnett, Judge. (1) Plaintiff has a right to maintain this action. He is a beneficiary in a trust fund. The former trustees have turned over part of the funds to the life tenant contrary to the provisions of the trust. The trustee refused to prosecute the action. Plaintiff, as the beneficial owner of the trust fund, is entitled to relief in equity. 22 Ency. PI. & Pr. 158; Edwards v. Welton, 25 Mo. 379; Butler v. Lawson, 72 Mo. 227. The statute allowing a trustee of an express trust to sue in his own name does not preclude the beneficiary •…
1Opinion of the CourtAllen, J.
This is a suit in equity by plaintiff seeking to compel the defendant Annie C. Daniel to restore to a trust fund certain moneys alleged to have been wrongfully paid to her by certain trustees and received and retained by her. The trial court sustained a demurrer to the petition, and, plaintiff declining to plead further, final judgment was entered against him, from which he has prosecuted his appeal to this court.
The petition alleges, in substance, that one B. P. Eitchie died testate in 1889, domiciled in Audrain county, Missouri, possessed of a large amount of real and personal property;…
2Cases cited17 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Burrus v. CookSupreme Court of Missouri · 1908
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
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3Cited by15 opinions
- Skidmore v. BackMissouri Court of Appeals · 1974
- Odom v. LangstonSupreme Court of Missouri · 1943
- Benson v. FeketeSupreme Court of Missouri · 1968
- State Ex Rel. Cooper v. CloydSupreme Court of Missouri · 1971
- Clair v. WhittakerSupreme Court of Missouri · 1977
10 more not listed; retrieve them via the Exa API.