Legal Opinion

Larrick v. Heathman

Supreme Court of Missouri

Decided June 6, 1921PublishedCited by 5 opinions

Appeal from Shelby Circuit Court. — Hon. V. L. Drain, Judge. (1) Where a husband invests his wife’s personal property without her written consent in real estate and takes the deed in the name of both, an estate in trust is created to the extent of the wife’s money invested.

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Appeal from Shelby Circuit Court. — Hon. V. L. Drain, Judge. (1) Where a husband invests his wife’s personal property without her written consent in real estate and takes the deed in the name of both, an estate in trust is created to the extent of the wife’s money invested. Sec. 8309, R. S. 1909; Garner v. Jones, 52 Mo. 72; Jones v. Elkins, 143 Mo. 651; McLeod v. Venable, 163 Mo. 545; Johnson v. Johnson, 173 Mo. 97; Frost v. Frost, 200 Mo. 483; Hudson v. Wright, 204 Mo. 432; Donovan v. Griffith, 215 Mo. 149; Moss v. Ardry, 260 Mo. 605; Holman v. Holman, 183 S. W. 623; Powell v. Powell, 183 S.…

1Opinion of the CourtGraves, J.

Action to have declared a resulting trust in and to eighty acres of land in Shelby County, Missouri. Mary A. Larrick is the mother and James A. Larrick and Mattie L. Byers are the brother and sister of Fannie B. Heathman, who died childless and intestate-April 26, 1916, in Shelby County, Missouri. These are the plaintiffs who seek to enforce a resulting; trust, on the theory that the money of Fannie- B. Heathman was used in the purchase of the land involved. Defendant Frederick G. Heathman is the former husband of the deceased, Fannie B. Heathman, and the defendant Addie Heathman is his…

2Cases cited1 opinion

  1. Haguewood v. BritainSupreme Court of Missouri · 1917

3Cited by5 opinions

  1. Sutorius v. MayorSupreme Court of Missouri · 1943
  2. Murphy v. WolfeSupreme Court of Missouri · 1932
  3. Deschamps v. DeschampsMontana Supreme Court · 1922
  4. Milligan v. BingSupreme Court of Missouri · 1937
  5. Monpleasure v. Home InsuranceMissouri Court of Appeals · 1924

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