Pearson v. Haydel
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OE THE CASE. The respondent was heretofore adjudged of unsound mind and sues by her duly appointed guardian, the Mississippi Valley Trust Company. Erancis L. Iiaydel, deceased, was given a power of attorney by her on the eighth day of February, 1896, to collect her loans and interest, dividends on stocks and other money, and lend and reinvest it for her.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OE THE CASE. The respondent was heretofore adjudged of unsound mind and sues by her duly appointed guardian, the Mississippi Valley Trust Company. Erancis L. Iiaydel, deceased, was given a power of attorney by her on the eighth day of February, 1896, to collect her loans and interest, dividends on stocks and other money, and lend and reinvest it for her. On that date Haydel had in his hands belonging to the respondent, two thousand one hundred and seventy-four dollars and seventy-eight cents. lie conducted various…
1Opinion of the CourtGoode, J.
The proof before us shows that the sums collected by the decedent, as attorney in fact for Sarah M. *258Pearson and mingled with the funds of Haydel & Son, were paid out by that firm in the usual course of business. There are, too, the proceeds of the insurance policy which the administrator collected after his intestate’s death. We know none of the trust money is in that asset. Is the respondent entitled to a lien on any of the estate’s property? If so, should it extend over the insurance money? The old doctrine that the trust property must be earmarked or identified before a lien will attach,…
2Cases cited30 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Oliver v. PiattSupreme Court of the United States · 1845
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Peak v. EllicottSupreme Court of Kansas · 1883
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3Cited by8 opinions
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- Horigan Realty Co. v. FlynnMissouri Court of Appeals · 1923
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