State ex rel. Jones v. Jones
Missouri Court of Appeals
Appeal from the Warren Circuit Court. — Hon. W. W-Edwards, Judge. (1) The purchase by J. L. Jones, the executor, from relator, the legatee, was an attempt on the part of the executor to make a profit out of his trust. He cannot speculate in his duties as executor, or make them the subject of a contract for his own benefit, or for that of another. Such a contract is illegal and against public policy.
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Appeal from the Warren Circuit Court. — Hon. W. W-Edwards, Judge. (1) The purchase by J. L. Jones, the executor, from relator, the legatee, was an attempt on the part of the executor to make a profit out of his trust. He cannot speculate in his duties as executor, or make them the subject of a contract for his own benefit, or for that of another. Such a contract is illegal and against public policy. Lanclis v. Saxton, 89 Mo. 375; Bent v. Priest, 86 Mo. 475; Patterson v. Booth, 103 Mo. 413; Thornton v. Irwin, 43 Mo. 153; State v. McKay, 43 Mo. 603; Board/nan v. Flores, 37 Mo. 561. It is not…
1Opinion of the CourtBond, J.
— This petition is upon the bond of Joseph L. Jones, executor of Julia A. Dearing, deceased, and his sureties for failure to pay the relator his distributive share under the will of the deceased, ordered to be paid to him by the probate court on final settlement of said executor. The answer was that the relator had assigned to Juliet A. Jones, through her agent (the executor), his entire interest in said estate; that the executor, after his final settlement and with due notice of such assignment, paid the amount which had been adjudged to relator in the order of distribution, to-wit, $397.46,…
2Cases cited12 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Bent v. PriestSupreme Court of Missouri · 1885
- Patterson v. BoothSupreme Court of Missouri · 1890
- Thornton v. IrwinSupreme Court of Missouri · 1869
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3Cited by5 opinions
- Johnson v. JohnsonSupreme Court of Oklahoma · 1922
- Rich v. ClassMissouri Court of Appeals · 1982
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
- Kelly v. BlackwellSupreme Court of Oklahoma · 1917
- In re Winnegar's EstateMissouri Court of Appeals · 1906