Pensenneau v. Pensenneau
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action, in the nature of suit in chancery, brought by the plaintiff, Elizabeth Pensenneau, widow of Laurent Pensenneau, against defendants, the heirs at law of said Laurent, to establish and set up a trust as against the said defendants.
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Appeal from St. Louis Circuit Court. This was an action, in the nature of suit in chancery, brought by the plaintiff, Elizabeth Pensenneau, widow of Laurent Pensenneau, against defendants, the heirs at law of said Laurent, to establish and set up a trust as against the said defendants. The facts as found by the court, and as they appear from the admissions of parties, are as follows : In the year 1885, one John Hays died seized of the northwest quarter of block No.- 78 in the city of St. Louis, and of ■■a tract of land in St. Clair county, Illinois, as shown by the following diagrams'; Block…
1Opinion of the CourtScott, Judge
Elizabeth Pensenneau, the plaintiff, claims that a trust results to her in the land in controversy, because it was an inheritance derived from her father ; and her husband, in making a partition with her co-heirs, took a deed for her share in his own name, by which he clothed himself with a trust as to it; and now that he is dead, that she is entitled to have it executed by a conveyance to her of the title in fee simple.
If it were conceded that the law is as assumed by the plaintiff in relation to a resulting trust in her favor, yet a difficulty arises from the fact that the deed in which she…
2Cases cited2 opinions
- Depas v. MayoSupreme Court of Missouri · 1848
- Robinson v. RiceSupreme Court of Missouri · 1855
3Cited by2 opinions
- Watkins Ex Rel. Watkins v. WatkinsTennessee Supreme Court · 1929
- Dougherty v. MatthewsSupreme Court of Missouri · 1865