Bender Ex Rel. Bender v. Bender
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William T. Jones>- Judge. (1) “ Resulting trusts are those which arise from the acts of the parties by operation of law. The party to be charged as trustee may never have agreed to the trust and may have really intended to resist it, yet if his acts have been such as are in honesty and fair dealing consistent only with a purpose to hold the property in trust, a trust will result by operation of law.”
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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones>- Judge. (1) “ Resulting trusts are those which arise from the acts of the parties by operation of law. The party to be charged as trustee may never have agreed to the trust and may have really intended to resist it, yet if his acts have been such as are in honesty and fair dealing consistent only with a purpose to hold the property in trust, a trust will result by operation of law.” Stevens v. Fitzpatrick, 218 Mo. 723; Ferguson v. Robinson, 258 Mo. 129; 39 Cyc. 118. (2) Neither the Statutes of Frauds nor any provision of our…
1Opinion of the Court
The appeal is from a judgment of the Circuit Court of St. Louis, dismissing plaintiffs' bill whereby they sought to establish a resulting trust.
The defendant, Estelle Bender, was the mother of the plaintiffs, and Joseph Bender, Sr., was their father. At the time of the trial, plaintiff Eugene Bender was twenty-two years of age, Walter Bender was twenty, and Joseph Bender, Jr., seventeen. In 1901 and thereafter Joseph Bender, Sr., purchased three pieces of real estate in the City of St. Louis described in the petition, and caused conveyance to be made to himself and his wife, Estelle Bender.…
2Cases cited4 opinions
- Richardson v. ChampionSupreme Court of Missouri · 1898
- Kelly v. JohnsonSupreme Court of Missouri · 1859
- Heil v. HeilSupreme Court of Missouri · 1904
- Stevenson v. HaynesSupreme Court of Missouri · 1909
3Cited by31 opinions
- Pizzo v. PizzoSupreme Court of Missouri · 1956
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Fulton v. FultonMissouri Court of Appeals · 1975
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Jacobs v. JacobsSupreme Court of Missouri · 1954
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