Compton v. McMahan
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. NoahM. Hivan, Judge. Statement of case by the court. The.f acts in this case are, that at the June term 1883, of circuit court of Johnson county, Missoui, an agreed statement of fact complying with statutory requirements was filed and the cause submitted.
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Appeal from Johnson Circuit Court, Hon. NoahM. Hivan, Judge. Statement of case by the court. The.f acts in this case are, that at the June term 1883, of circuit court of Johnson county, Missoui, an agreed statement of fact complying with statutory requirements was filed and the cause submitted. From the statement the following facts appear: That William McMahan, the defendant, is administrator with the will annexed, of the estate of William Stockton, deceased; that said William Stockton died August 1, 1881, and his will was duly probated August 9, 1881. The will (which contains much that is…
1Opinion of the CourtEllison, J.
This case presents some important legal questions, about which there is such diversity of opinion in the text books and adjudicated cases, that one finds himself lost in a maze of matter, impossible of elucidation.
In the first place, as this is not a devise to the executor, but merely a direction that he shall sell, it vests no title in the executor, but gives him merely a naked trust power to sell. “ The distinction resulting from the authorities appears “to be this: that a devise of land to executors to sell, passes the interest in it, but a devise that executors shall sell the land, or…
2Cases cited13 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Moncrief v. . RossNew York Court of Appeals · 1872
- Judson v. GibbonsNew York Supreme Court · 1830
- Smith v. McConnellIllinois Supreme Court · 1855
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3Cited by13 opinions
- Becraft v. LewisMissouri Court of Appeals · 1890
- Eneberg v. CarterSupreme Court of Missouri · 1889
- Wyatt v. Stillman InstituteSupreme Court of Missouri · 1924
- Webb v. HaydenSupreme Court of Missouri · 1901
- Francisco v. WingfieldSupreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.