Marshall v. St. Louis Union Trust Co.
Missouri Court of Appeals
Appeal from Circuit Court of Scott County. — Ho». Frank Kelly, Judge. (1) The presumption is always that a trustee has acted in good faith and has done his duty and the burden is on one excepting to a trustee’s accounting to prove the contrary. Opstein v. Gehnér, 223 Mo. 318; Leigh’s Estate Pa. Co. 8; 27 A. & E. Enc. of Law 293. (2) All expenses incurred in good faith by a trustee are properly credited to him. Denvir v. Park, 160 Mo.
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Appeal from Circuit Court of Scott County. — Ho». Frank Kelly, Judge. (1) The presumption is always that a trustee has acted in good faith and has done his duty and the burden is on one excepting to a trustee’s accounting to prove the contrary. Opstein v. Gehnér, 223 Mo. 318; Leigh’s Estate Pa. Co. 8; 27 A. & E. Enc. of Law 293. (2) All expenses incurred in good faith by a trustee are properly credited to him. Denvir v. Park, 160 Mo. App. 335; Dunne v. Cooke, 197 111. App. 422, 440; 21- Pomeroy’s Eq. Juris, sec. 285; Perry on Trusts, sec. 910. (3) The compensation of trustees, in addition to…
1Opinion of the CourtCos, P. J.
The respondents filed suit in the circuit court of Scott county against appellants as trustees under the will of Benjamin F. Marshall, deceased, asking that they be required to file an annual accounting in said court. Appellants appeared and consented that a decree as asked should be entered which was done and they then filed their accounting. The respondents filed exceptions to the accounting which were heard by the court and overruled except as to three items which were sustained. The trustees have appealed to this court and seem to have abandoned one of the three items but insist that the…
2Cases cited3 opinions
- Kilpatrick v. RobertSupreme Court of Missouri · 1919
- Ladd v. PigottSupreme Court of Missouri · 1908
- Snyder v. CowanMissouri Court of Appeals · 1892
3Cited by5 opinions
- In Re McKinney's EstateSupreme Court of Missouri · 1943
- Jones v. Fidelity Nat. Bank & Trust Co. of Kansas CitySupreme Court of Missouri · 1951
- Estate of Ingram v. AshcroftMissouri Court of Appeals · 1986
- Meissner v. StateSupreme Court of Missouri · 1943
- Mercantile Trust Co. National Ass'n v. JaegerSupreme Court of Missouri · 1970