Capen v. Garrison
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jus. 11. Kinealy, Judge. (1) The only purpose for which the statute authorizes a curator to mortgage the real estate of his ward under the direction of the probate court is the education, support and maintenance of the minor.
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Appeal from St. Louis City Circuit Court. — Hon. Jus. 11. Kinealy, Judge. (1) The only purpose for which the statute authorizes a curator to mortgage the real estate of his ward under the direction of the probate court is the education, support and maintenance of the minor. R. S. ■1899, sec. 3504. The notes and deed of trust filed in this case, although executed by the curator under an order of the probate court, being beyond the statutory powers of both the curator and the probate court, are void. Woods v. Boots, 60 Mo. 546; Windleton v. O’Brien, 68 Mo. App. 675; In re Estate of Bouie, 94…
1Opinion of the CourtValliant, J.
— This is a suit in equity in which plaintiff seeks to subject certain real estate belonging to minors to the payment of money loaned by the plaintiff to the curator of the minors for the purpose of paying off a pre-existing encumbrance on the property.
The main facts in the case are these:
The property in question is a dwelling house and lot in St. Louis. Cornelius K. Garrison bought the property in 1893 and resided in it as his home until his death in 1895. He left a widow, Mary B. Garrison, and three minor children, who, together with Daniel E. Garrison, the duly appointed curator of the…
2Cases cited6 opinions
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- Evans v. HalleckSupreme Court of Missouri · 1884
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