Easton v. Demuth
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Charles Claflin Allen, «Pudge. (1) The trust involved is an active trust. Donghy v. Noonan, 176 Mass. 467. Hence, Theodore Demuth Easton, the child born after testator’s death, is a beneficiary, and any children of plaintiff hereafter born, if any there be, will be beneficiaries.
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Appeal from St. Louis City Circuit Court. — How. Charles Claflin Allen, «Pudge. (1) The trust involved is an active trust. Donghy v. Noonan, 176 Mass. 467. Hence, Theodore Demuth Easton, the child born after testator’s death, is a beneficiary, and any children of plaintiff hereafter born, if any there be, will be beneficiaries. Carter v. Long, 181 Mo. 701. (2) A father, receiving a bequest in trust for the maintenance of his children, is bound to reasonably provide for their maintenance so long as they remain members of his household, but that is the extent of his obligation. He is. not…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).-The foregoing is not a very full statement of the long proceedings in this case, it having been in court ever since 1898, and many orders entered in it, but is thought to be sufficient to an understanding of the real issue involved in this appeal. That is, the nature of the title or estate which Alton R. Easton took under the clause of the will of his father which we have set out above.
Counsel for appellants claim that the trust here created is an active trust. Counsel for respondents refer us to 1 Perry on Trusts (3 Ed.), secs. 117 to 120, in support of their claim…
2Cases cited5 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Young v. SnowMassachusetts Supreme Judicial Court · 1897
- Loring v. LoringMassachusetts Supreme Judicial Court · 1868
- Danahy v. NoonanMassachusetts Supreme Judicial Court · 1900
- Carter v. LongSupreme Court of Missouri · 1904
3Cited by5 opinions
- Citizens Bank of Lancaster v. FoglesongSupreme Court of Missouri · 1930
- Parks v. PowellCourt of Appeals of Texas · 1932
- Shaller v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1928
- Owen v. GilchristSupreme Court of Missouri · 1924
- Parks v. PowellCourt of Appeals of Texas · 1932