Zeidler v. Schneider
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Mon. Wm. D. Rusk, Judge. (1) Where a person who has maintained intimate relations with the grantor or has drafted qr advised the terms of the instrument, a presumption of fraud has often been applied. Wigmore on Evidence, Sec. 2503. (2) This is not a suit at law such as the circuit court erroneously held, but is essentially equitable, and the questions presented by the record should be reviewed by this court as chancellors.
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Appeal from Buchanan Circuit Court. — Mon. Wm. D. Rusk, Judge. (1) Where a person who has maintained intimate relations with the grantor or has drafted qr advised the terms of the instrument, a presumption of fraud has often been applied. Wigmore on Evidence, Sec. 2503. (2) This is not a suit at law such as the circuit court erroneously held, but is essentially equitable, and the questions presented by the record should be reviewed by this court as chancellors. Crow v. Estate of Lutz, 175 Mo. App. 427; In re Ford, 157 Mo. App. 141; Stephens v. Cassity, 104 Mo. App. 210; Ladd v. Stephens, 147…
1Opinion of the CourtTrimble, J.
This is a suit by John L. Zeidler for commissions claimed by him as administrator of the estate of Theresia Lutz deceased. The probate court allowed him $6845.45. The estate appealed to the circuit court where the claim was disallowed. The administrator appealed.
On August 5, 1909, Theresia Lutz died leaving a will in which J. G.' Schneider was named as executor. Mrs. Lutz was a widow and left one child, a son, Henry Lutz. The will created a spendthrift trust in favor of this son and made Schneider, the executor, trustee thereof with many delicate and discretionary powers of large extent and…
2Cases cited5 opinions
- In re Estate of DavisCalifornia Supreme Court · 1884
- Morton v. JohnstonMichigan Supreme Court · 1900
- Greer v. NuttMissouri Court of Appeals · 1893
- May v. MooreMissouri Court of Appeals · 1903
- Middleton v. CarterNew Jersey Superior Court Appellate Division · 1907
3Cited by2 opinions
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Dietrich v. JonesMissouri Court of Appeals · 1932