Legal Opinion

In re Trusteeship of Clark

Supreme Court of Iowa

Decided November 16, 1915PublishedCited by 16 opinions

Appeal from, Monroe District Court. — D. M. Anderson, Judge. Ed L. Clark is the cestui in a trust created by the will of his father, which appoints trustees. The appellees, attorneys at law, were made an allowance out of said trust funds, without the consent of the said trustees. This appeal brings up the validity and propriety of this allowance.

1Opinion of the CourtSalinger, J.

The father of Ed L. Clark named Grant, John and Homer Clark as trustees in his will. In so far as is material here, that will provides as follows:

1. Trust management trustee by will: control by court. “I will, direct and constitute (named trustees) without bond to take charge of and control such legacies as may come to Ed L. Clark by virtue of this my last will and testa*452ment to hold and control such property as may seem best in their judgment to advance the interests of such legatee, and if, in their judgment, it should be deemed advisable to give said legatee control of said estate, they are…

2Cases cited3 opinions

  1. In re Estate of ClarkSupreme Court of Iowa · 1911
  2. Wolfe v. E. S. Jaffray & Co.Supreme Court of Iowa · 1893
  3. In re Estate of PetranekSupreme Court of Iowa · 1890

3Cited by16 opinions

  1. In Re Small's EstateSupreme Court of Iowa · 1953
  2. Keating v. KeatingSupreme Court of Iowa · 1917
  3. Worez v. Des Moines City Railway Co.Supreme Court of Iowa · 1916
  4. In Re Trust Under Will of ComstockSupreme Court of Minnesota · 1945
  5. In Re Estate of ToneSupreme Court of Iowa · 1949

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