Dillinger v. Kelley
Supreme Court of Missouri
Appeal from Ciarle Circuit Court. — Hon. B. E. Turner, Judge. (1) An executor, administrator, or trustee, cannot purchase real estate belonging to the estate of his cestui que trust, either at public or private sale. B. 8., p. 25, sec. 166; Orumley ». Webb, 44 Mo. 444; Roberts v. Mosely, 64 Mo. 507; Thornton 'o. Irwin, 43 Mo. 153; Harper et al. 'o.
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Appeal from Ciarle Circuit Court. — Hon. B. E. Turner, Judge. (1) An executor, administrator, or trustee, cannot purchase real estate belonging to the estate of his cestui que trust, either at public or private sale. B. 8., p. 25, sec. 166; Orumley ». Webb, 44 Mo. 444; Roberts v. Mosely, 64 Mo. 507; Thornton 'o. Irwin, 43 Mo. 153; Harper et al. 'o. Mansfield et al., 58 Mo. 17; Ryden v. Jones, 9th American Decisions, 660; 4 Kent (9 Ed.) pp. 502 and 414; 1 Story’s Equity Jurisprudence (12 Ed.) pp. 313 to 317, secs. 321 and 322. (2) The cestui que trust is not bound to prove, nor is the court…
1Opinion of the CourtSherwood, J.
Isaac Kelley owned about one hundred and eighty acres of land, about sixty-five acres being in cultivation in Clark county, Missouri, which tract was incumbered by a debt secured by mortgage held by Benj. Keith. Kelley made a will, whereby he so devised his farm that his son, Milton, was to have the use of it, and. to keep the wife of the testator, and the mother of Milton, during her natural life; to pay the taxes, also the interest due on the Keith mortgage, and keep up all necessary repairs on the farm, and after the death of the widow, the mortgage was to be satisfied, and the residue of…
2Cases cited11 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Whelan v. ReillySupreme Court of Missouri · 1876
- Quackenbush v. EhleNew York Supreme Court · 1849
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Aubuchon v. LorySupreme Court of Missouri · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Morrison v. JacobyIndiana Supreme Court · 1888
- Bingham v. BirminghamSupreme Court of Missouri · 1890
- Pitkin v. ReibelSupreme Court of Missouri · 1891
- Carter v. PhillipsMissouri Court of Appeals · 1892
- Dunnington v. HudsonSupreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.