Cooper v. Carter
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) Under the allegations of the respondent’s petition the only action he could have against the defendant Frank Carter would be one at law on an implied contract for necessaries furnished an insane person. 16 Am. and Eng. Ency.
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Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) Under the allegations of the respondent’s petition the only action he could have against the defendant Frank Carter would be one at law on an implied contract for necessaries furnished an insane person. 16 Am. and Eng. Ency. Law (2 Ed.), 601; Reando v. Misplay, 90 Mo. 251. (2) Frank Carter has no interest in the funds in the hands of said trustee, created by the will of said Luther Carter, deceased, which his creditor can take for the payment of any liability, express or implied, of said Frank Carter. Carter v. Bolster, 122…
1Opinion of the CourtBroad Dus, P. J.
This is a suit against the trustee of the estate of the cestui que trust for necessaries furnished the latter.
In February, 1900, Luther Carter died testate, leaving Margaret his wife, three sons and one daughter surviving him, two of which are Samuel L. and Frank Carter who are the defendants to this suit.
In his will, Luther Carter made the following provision for Frank, to-wit:
“Fourth. My beloved son, Frank Carter, being incompetent, I desire that he shall live with my wife, Margaret Carter, so long as he may desire on the land devised to her as aforesaid, and for the care, support and…
2Cited by3 opinions
- Bureau of Support in the Department of Mental Hygiene & Correction v. KreitzerOhio Supreme Court · 1968
- American Security and Trust Company v. Freda UtleyCourt of Appeals for the D.C. Circuit · 1967
- State Ex Rel. Nixon v. TurpinMissouri Court of Appeals · 1999