Legal Opinion

Waller v. Hosford

Supreme Court of Iowa

Decided May 2, 1911PublishedCited by 6 opinions

Appeal from Dubuque District Court. — Hon. M. C. Matthews, Judge. Action to compel defendants as trustees to report, to remove them, and for the appointment of other trustees in their stead. On hearing, defendants were removed and other trustees appointed. They appeal.

1Opinion of the CourtLadd, J.

Richard Waller died testate December 31, 1888, leaving surviving him three children, Robert Waller, Mary E. Kemler, and Sidonia Hosford. Another son, Simon Waller, died some time previous, leaving a son, J. Robert Waller, and a daughter, Sidonia M. Oholbin. Decedent devised and bequeathed all his property of what: ever kind to his three children as trustees. After providing that his debts, funeral expenses, and certain legacies be paid, and the distribution of his household effects, the will declared all property remaining a trust fund to be managed as follows:

I direct that upon my death said…

2Cases cited6 opinions

  1. Waterman v. AldenIllinois Supreme Court · 1893
  2. Williams v. NicholSupreme Court of Arkansas · 1886
  3. Shelton v. AlcoxSupreme Court of Connecticut · 1836
  4. Murdoch, State's Attorney v. ElliotSupreme Court of Connecticut · 1904
  5. Massey v. StoutCourt of Chancery of Delaware · 1871

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3Cited by6 opinions

  1. Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
  2. Schildberg v. SchildbergSupreme Court of Iowa · 1990
  3. Sternberg v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1947
  4. Anderson v. TelsrowSupreme Court of Iowa · 1946
  5. Stone v. BaldwinAppellate Court of Illinois · 1952

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