Newton v. Rebenack
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. STATEMENT OF THE CASE. On March 29, 1878, Charles H. Neibelung conveyed: to John C. Salzgeber sixty paid-up shares of stock of the Pawn & Loan Bank of St. Louis, in trust for certain purposes as follows: “The said trustee shall take the said property into his immediate possession, and manage and control the same, and is hereby invested with full power and authority whenever he may deem it advantageous to…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. STATEMENT OF THE CASE. On March 29, 1878, Charles H. Neibelung conveyed: to John C. Salzgeber sixty paid-up shares of stock of the Pawn & Loan Bank of St. Louis, in trust for certain purposes as follows: “The said trustee shall take the said property into his immediate possession, and manage and control the same, and is hereby invested with full power and authority whenever he may deem it advantageous to said trust to sell the same and convey to such person or persons and on such terms’ of payment as he may deem fit; and…
1Opinion of the CourtGoode, J.
Beyond all question the trust declared by Neibelung was broken — nay more, it was demolished as far as Rebenack could demolish it. That is undeniable and is conceded.
The provisions of the deed were ignored by him in everything he did. They, indeed, allowed the trust property to be disposed of by the trustee whenever he might deem it advantageous ; but the proceeds were directed to be reinvested in income-bearing securities, either bonds, stocks or notes, secured by deeds of trust or mortgages. Instead of this, the proceeds were invested in real estate; which was a clear breach, even if done…
2Cases cited16 opinions
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
- Hunter v. HunterSupreme Court of Missouri · 1872
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Ewing v. ShannahanSupreme Court of Missouri · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Simmons v. FridaySupreme Court of Missouri · 1949
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Scullin v. ClarkSupreme Court of Missouri · 1951
- Davies v. KeiserSupreme Court of Missouri · 1922
- Heit v. BixbyDistrict Court, E.D. Missouri · 1967
12 more not listed; retrieve them via the Exa API.