Baker v. Springfield & Western Missouri Railroad
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. P. Geiger, Judge. . (1) The rule that a trustee may not purchase the trust property “ does uot apply to mere naked or dry trustees, who practically have uo interest iu or power over the estate as trustees, to preserve contingent remainders.
Read the full summary
Appeal from Greene Circuit Court. — Hon. W. P. Geiger, Judge. . (1) The rule that a trustee may not purchase the trust property “ does uot apply to mere naked or dry trustees, who practically have uo interest iu or power over the estate as trustees, to preserve contingent remainders. When the trustee has no duty to perform, as when one is trustee in fee for another in fee, having no authority over the estate, and standing in no relation of influence over the cestui que trust, the person named as trustee may purchase.” Perry on Trusts, sec. 199 ; Price v. Evans, 26 Mo. 39 ; Kennedy v. Keating,…
1Opinion of the CourtBlack, J.
— Ejectment for property in Greene county described as follows: “ All that certain railroad and its appurtenances, beginning at a point in the city of Springfield and extending thence in a northwestern direction to Ash Grove, being about twenty miles.” The property sued for is a part of the road bed of the old Kansas City and Memphis railroad, a branch of the Hannibal and *77St. Joseph railroad. The “executive construction and. managing committee” appointed, or rather confirmed, by the Hannibal & St. Joseph Railroad Company, received subscriptions to a large amount to aid in the construction of…
2Cases cited3 opinions
- Roberts v. MoseleySupreme Court of Missouri · 1877
- McAllen v. WoodcockSupreme Court of Missouri · 1875
- Lass v. SternbergSupreme Court of Missouri · 1872
3Cited by4 opinions
- Wells v. WoodOregon Supreme Court · 1927
- Edwards v. GottschalkMissouri Court of Appeals · 1887
- Turner v. ButlerSupreme Court of Missouri · 1894
- Wells v. WoodOregon Supreme Court · 1928