Oellien v. Galt
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) The services of a trustee are paid according to the amount of work and responsibility connected with trust estate. Abes v. Scutlder, 11 Mo. App. 168; Kemp v. Foster, 22 Mo. App. 643. (2) A trustee has the right, power and authority to employ a real estate agent to rent houses and collect the rents. Finley v. Schlueter, 54 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) The services of a trustee are paid according to the amount of work and responsibility connected with trust estate. Abes v. Scutlder, 11 Mo. App. 168; Kemp v. Foster, 22 Mo. App. 643. (2) A trustee has the right, power and authority to employ a real estate agent to rent houses and collect the rents. Finley v. Schlueter, 54 Mo. App. 455; Perry on Trusts, 912. (3) The cestui que trust cannot complain of a breach of trust where he has ordered or acquiesced in the breach. Newton y. Kebenack, 90 Mo. A.pp. 650. (4)…
1Opinion of the CourtNortoni, J.
This is a proceeding in equity for an accounting. The court found the issue for plaintiff and gave judgment against defendant for $1,284.57. Defendant prosecutes the appeal.
One of the plaintiffs is trustee under the will of Robert Anderson, deceased, and successor to defendant’s testator who formerly occupied the same position of trust under the will. The other plaintiff is Robert Spain Anderson, cestui que trust under the will of his father, Robert Anderson, and as such is the real party in interest; for the accounting is sought in his favor. Defendant is the executrix of the last will of…
2Cases cited2 opinions
- Newton v. RebenackMissouri Court of Appeals · 1901
- Hildenbrandt v. WolffMissouri Court of Appeals · 1899
3Cited by6 opinions
- Coates v. CoatesSupreme Court of Missouri · 1957
- Cole v. HawleySupreme Court of Connecticut · 1920
- Agnew v. CommissionerUnited States Tax Court · 1951
- Dunnington v. First Atlantic Nat. Bank of Daytona BeachCourt of Appeals for the First Circuit · 1952
- Denvir v. ParkMissouri Court of Appeals · 1912
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