City of St. Louis v. Crow
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Hon. Wm. Zachritz, Judge. (1) No effort Las been made to lease tbe property, and, therefore, no impossibility can be said to exist. There must be shown such impracticability as will evidence, from real, earnest effort, a substantial impossibility. Lackland v. Walker, 151 Mo. 266. (2) Mere probable advantage is not sufficient.
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Appeal from St. Louis City Circuit Court . — Hon. Wm. Zachritz, Judge. (1) No effort Las been made to lease tbe property, and, therefore, no impossibility can be said to exist. There must be shown such impracticability as will evidence, from real, earnest effort, a substantial impossibility. Lackland v. Walker, 151 Mo. 266. (2) Mere probable advantage is not sufficient. Atty.-Gen. v. Worcester, 9 Hare 361; Atty.-Gen. v. Stewart, L. R. 14 Eq. 17; In re Suir Island School, 3 Jones & L. 171; Hospital v. Stamford, 60 L. T. Rep. 289; In re Mason’s Orphanage, 1 Ch. 54; Baker v. Smith, 13 Met. 34;…
1Opinion of the CourtValliant, J.
The city of St. Louis, as trustee under the will of Bryan Mullaaphy, deceased, brings this suit in equity, seeking a decree authorizing it to divert the trust fund of property from the literal use to which the will appropriates it, to the building, establishing and maintaining a hospital for the indigent sick, especially those who fill the description of persons aimed to be cared for in the will.
Bryan Mullanphy died in 1851 leaving one-third of his large estate to the city of St. Louis “in trust to be and constitute a fund to furnish relief to all poor emigrants and travelers coming to St.…
2Cases cited1 opinion
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
3Cited by9 opinions
- Merz v. Tower Grove Bank & Trust Co.Supreme Court of Missouri · 1939
- Thatcher v. St. LouisSupreme Court of Missouri · 1934
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- Irwin v. BurganSupreme Court of Missouri · 1930
- Langenberg v. City of St. LouisSupreme Court of Missouri · 1946
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