St. Louis v. Wenneker
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The property, which is the subject of the tax-bills sought to be canceled, is not property of the city ■of St. Louis as a municipal corporation, and is, and ever since Bryan Mullanphy’s death in 1851 has been, liable to taxation. It is as much liable as if Mr. Mullanphy, instead of appointing the city to execute the trust created by his will, had appointed some private individual as trustee.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The property, which is the subject of the tax-bills sought to be canceled, is not property of the city ■of St. Louis as a municipal corporation, and is, and ever since Bryan Mullanphy’s death in 1851 has been, liable to taxation. It is as much liable as if Mr. Mullanphy, instead of appointing the city to execute the trust created by his will, had appointed some private individual as trustee. Art. X, secs. 6 and 7, Constitution; R. S. 1889, secs. 7503 and 7504; Joyce Surveying Co. v. St. Louis, 68 Mo. App. 189. (2)…
1Opinion of the CourtWilliams, J.
The city of St. Louis, as trustee under the will of Bryan Mullanphy, deceased, instituted this proceeding in equity to prevent the enforcement of, and to procure a 'decree canceling certain tax-bills against real estate, constituting part of the trust property.
Mullanphy died in said city on the fifteenth of June, 1851. He gave to the city of St. Louis by his will, one third of all his property, real, personal and mixed, 11 in trust to be and constitute a fund to furnish relief to all poor emigrants and travelers coming to St. Louis on their ivay bona fide to settle in the West.” The city…
2Cases cited6 opinions
- Abbott v. LindenbowerSupreme Court of Missouri · 1868
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Valle v. ZieglerSupreme Court of Missouri · 1884
- State v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Hubbard v. GilpinSupreme Court of Missouri · 1874
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- State v. UnderwoodWyoming Supreme Court · 1939
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