Legal Opinion

In Re the Trust Estate of Collins

Supreme Court of Missouri

Decided November 5, 1945No. 39368PublishedCited by 9 opinions

1Opinion of the Court

On petition of the trustor, Erastus C. Collins, filed June 8, 1944, the circuit court of Henry County, on same day petition was filed, appointed Thornton Jennings successor trustee of the trust created by Collins. I.E. Gaskill claimed that he was trustee and on September 6, 1944, filed motion to set aside the appointment of Jennings; the motion was overruled and Gaskill appealed. Jurisdiction of the appeal is in the supreme court because the construction of the due process clause of the Constitution is involved. See Art. 6, Sec. 12, Const. 1875. Amendment of 1884, Art. 5, Sec. 3, Const. 1945.

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2Cases cited5 opinions

  1. State Ex Rel. McGaughey v. GraystonSupreme Court of Missouri · 1942
  2. State Ex Rel. Dunlap v. HigbeeSupreme Court of Missouri · 1931
  3. In Re Estate of StrasserSupreme Court of Iowa · 1935
  4. Thomas v. Utilities Building Corp.Supreme Court of Missouri · 1934
  5. State Ex Rel. Banister v. CantleySupreme Court of Missouri · 1932

3Cited by9 opinions

  1. Brackett v. Easton Boot and Shoe CompanySupreme Court of Missouri · 1965
  2. Emerson v. TreadwayMissouri Court of Appeals · 1954
  3. Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
  4. Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
  5. In Re Liquidation of Brinkerhoff-Faris Trust Savs.Supreme Court of Missouri · 1947

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