Richards v. Pitts
Supreme Court of Missouri
Appeal from Polk Circuit Court.—Hon. W. I. Wallace, Judge. (1) Ah administrator can not become the purchaser ■ of the trust property.
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Appeal from Polk Circuit Court.—Hon. W. I. Wallace, Judge. (1) Ah administrator can not become the purchaser ■ of the trust property. Michaucl v. Girad, 11 U. S. Rep. [Lawyer’s Ed. 1, 92; 2 Story’s Equity [3 Ed.], sec. 1261; 1 Perry on Trusts [2 Ed.], sec. 430; 2 Smith’s Leading Cases [Hare & Wallace, notes], pp. 92, 714; 1 Ilid., p. 208; Thornton v. Irwin, 43 Mo. 163; Grumley v. Well, 44 Mo. 444; Bae v. Copelin, 47 Mo. 76; Lais v. Stenibery, 50 Mo. 124. (2) A trustee purchasing the estate from cestui que trust or heir must pay a full, fair and adequate consideration. Hickman v. Stewart, 69…
1Opinion of the CourtBlack, P. J.
Reuben Richards brought this suit against William D. Pitts and John Overshiner to set aside two instruments, whereby Reuben Richards trans*604ferred all of his interest in his brother’s estate to Pitts. The undisputed facts are to the following effect:
Maridy Richards, of Polk county, this state, died testate on the twenty-fifth of January, 1885. He left an estate consisting of two hundred and sixty acres of land, worth $1,500, a house and lot in the town of Bolivar, worth from $800 to $1,200, and also considerable personal property. He died without issue, but had several brothers and sisters, the…
2Cited by3 opinions
- Burford v. AldridgeSupreme Court of Missouri · 1901
- Guy v. MayesSupreme Court of Missouri · 1911
- Murry v. KingMissouri Court of Appeals · 1911