Rector v. Dalby
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Rom. George F. Long an, Judge. ' STATEMENT BY BROADDTJS, J. This is an action in equity instituted by Oora Y. Hopkins Rector, legatee of the will of Cora Y. Thompson, deceased, against John N. ‘Dalby, trustee, and the residtiary legatees of the said Cora Y. Thompson, to compel the trustee to pay to the plaintiff the legacy which he is holding as trustee of plaintiff .until she should reach the age of thirty years, as provided by the will,…
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Appeal from Pettis Circuit Court. — Rom. George F. Long an, Judge. ' STATEMENT BY BROADDTJS, J. This is an action in equity instituted by Oora Y. Hopkins Rector, legatee of the will of Cora Y. Thompson, deceased, against John N. ‘Dalby, trustee, and the residtiary legatees of the said Cora Y. Thompson, to compel the trustee to pay to the plaintiff the legacy which he is holding as trustee of plaintiff .until she should reach the age of thirty years, as provided by the will, and asking an accounting of the trust. The bill states the death of the testator, sets out the will wherein the testator…
1Opinion of the CourtBroaddus, J.
It is claimed by plaintiff that, where the testator gives a legatee an absolute vested *193interest in a defined fund, so that, according to the ordinary rule, he would he entitled to receive it on attaining Ms majority, but by the terms of the will payment is postponed to a subsequent period, for instance, until he attains the age of twenty-five years, the court will, nevertheless, order payment on his attaining Ms majority, for at that age he has the power of charging or selling it, and the court will not subject him to the disadvantage of raising money by these means when the thing is…
2Cases cited3 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- In re Estate of FairCalifornia Supreme Court · 1894
- Dado v. MaguireMissouri Court of Appeals · 1897
3Cited by9 opinions
- Hill v. HillNebraska Supreme Court · 1911
- Marriage of Penney v. WhiteMissouri Court of Appeals · 1980
- Thomson v. Union National Bank in Kansas CitySupreme Court of Missouri · 1956
- Warner, Etc., Admrs. v. Keiser, Etc., Exrs.Indiana Court of Appeals · 1931
- Vines v. VinesTennessee Supreme Court · 1920
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