Lawson v. Cunningham
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. Samuel Davis, Special Judge. (1) The will created a trust fund during the life of Lucy B. Shields, in which her children took a contingent remainder.
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Appeal from Boone Circuit Court. — Hon. Samuel Davis, Special Judge. (1) The will created a trust fund during the life of Lucy B. Shields, in which her children took a contingent remainder. West v. Bailey, 196 Mo. 517; Wood v. Kice, 103 Mr. 329; Luquire v. Lee,'121 Ga. 624. (2) Under such a trust the trust property cannot be diverted from the objects named by the donor, and neither the trustee, nor Lucy B. Shields, nor both together, nor a court, had power to convey the property and defeat the rights of the remaindermen therein. Sampson v. Mitchell, 125 Mo. 217; West v. Bailey, 196 Mo. 517;…
1Opinion of the CourtFaris, J.
This is an action to determine title to certain real estate situate in Boone County, Missouri. Upon a trial by the court the finding and judgment were for defendants, and plaintiffs in the conventional way thereupon appealed.
The land in dispute is situate in the heart of the City of Columbia, and is a part of an eighteen-acre tract conveyed by one John J. Jacobs, to William C. Shields, trasteé, -on the 10th day of October, 1864, under the circumstances below set forth. In the year 1857, one Curtis Field, Sr., residing in Madison County, in the State of Kentucky, executed his will, and…
2Cases cited15 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- McClanahan v. WestSupreme Court of Missouri · 1889
- Austin v. LoringSupreme Court of Missouri · 1876
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
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3Cited by13 opinions
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- Lytle v. PageMissouri Court of Appeals · 1979
- Milan Bank v. RichmondSupreme Court of Missouri · 1919
- Carter v. Boone County Trust Co.Supreme Court of Missouri · 1936
- In Re Trusteeship Under Will of LawsonSupreme Court of Iowa · 1932
8 more not listed; retrieve them via the Exa API.