Gartside v. Gartside
Supreme Court of Missouri
Appeal from St. Louis City Ci/rcuit Cowrt, — -Hon. J. E. Withbow, Judge. (1) Plaintiffs say that in view of all the facts disclosed by the evidence the defendant has grossly violated his duty as trustees, because he has sold a large amount of real estate in his hands as trustee, without any authority under the will, or authority under a decree of a court,- and expressly against the wishes of the cestui que trusts, and in violation of the law applicable to trust property. 2…
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Appeal from St. Louis City Ci/rcuit Cowrt, — -Hon. J. E. Withbow, Judge. (1) Plaintiffs say that in view of all the facts disclosed by the evidence the defendant has grossly violated his duty as trustees, because he has sold a large amount of real estate in his hands as trustee, without any authority under the will, or authority under a decree of a court,- and expressly against the wishes of the cestui que trusts, and in violation of the law applicable to trust property. 2 Story’s Eq. Jur. secs. 978, 1276, 1289; .Perry on Trusts, sec. 764; Gamble v. Gibson, 59 Mo. 595. These authorities are…
1Opinion of the CourtThomas, J.
This is a bill to remove defendant from the position of trustee of the property of three of the plaintiffs, Emma and Julia G-artside and Mrs. Matty Duffy, or to compel him to give bond for the faithful discharge of his duties. After a hearing the court dismissed the bill and plaintiffs appealed.
The undisputed facts are about these: Joseph Gart-side, father of the lady plaintiffs and of defendant, died *351December, 1876, leaving a large estate of $700,000 or $800,000. By Ms will be appointed tbe defendant and one Joseph W. Branch his executors and trustees, placing all the property which he gave…
2Cases cited1 opinion
- Michael v. City of St. LouisSupreme Court of Missouri · 1892
3Cited by19 opinions
- Clark v. ClarkSupreme Court of Georgia · 1928
- Cameron v. WhiteSupreme Court of Oklahoma · 1927
- Selleck v. HawleySupreme Court of Missouri · 1932
- Vest v. BialsonSupreme Court of Missouri · 1956
- Fadler v. GabbertSupreme Court of Missouri · 1933
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