Jones v. Patterson
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) Charitable trusts are recognized, enforced and protected by the courts of chancery of this State as a part of the general jurisdiction, not based upon — nor does it need the support of — the Statute 43d Elizabeth; nor is it dependent upon any prerogative power, but is inherent in a court of chancery.
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Appeal from Platte Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) Charitable trusts are recognized, enforced and protected by the courts of chancery of this State as a part of the general jurisdiction, not based upon — nor does it need the support of — the Statute 43d Elizabeth; nor is it dependent upon any prerogative power, but is inherent in a court of chancery. Chambers v. St. Louis, 29 Mo. 543; Academy v. Clemens, 50 Mo. 167; Howe v. Wilson, 91 Mo. 45; Powell v. Hatch, 100 Mo. 592; Woman’s Ch. Assn. v. Kansas City, 147 Mo. 103; G-oode v. McPherson, 51 Mo. 126; Schmidt v. Hess, 60 Mo.…
1Opinion of the CourtWalker, P. J.
This is an action to quiet title under section 2535, Revised Statutes 1909. The property in controversy consists of 160 acres of land in Platte County.
A trial before the circuit court of that county resulted in a judgment for the plaintiff, from which the defendant has appealed.
The plaintiff is the sole heir at law of Fannie R. Lytle, who died testate in Los Angeles, California, in June, 1911, seized in fee of' the land in question. The defendant is the nephew and co-executor with the husband of testatrix. The terms of the will of Mrs. Lytle, so far as concerns the matter at issue, are as…
2Cases cited18 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Webster v. MorrisWisconsin Supreme Court · 1886
- Nichols v. AllenMassachusetts Supreme Judicial Court · 1881
- Fifield v. Van Wyck'sSupreme Court of Virginia · 1897
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3Cited by19 opinions
- Burrier v. JonesSupreme Court of Missouri · 1936
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- State ex rel. McClintock v. GuinotteSupreme Court of Missouri · 1918
- Lamere v. JacksonMichigan Supreme Court · 1939
- Starks v. LincolnSupreme Court of Missouri · 1927
14 more not listed; retrieve them via the Exa API.