Brannock v. Magoon
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. H. ¡Mover, Judge. (1) It is certainly true that a court of equity will lend no assistance toward perfecting a voluntary contract or agreement for the creation of a. trust, nor regard it as binding so long as it remains executory. Before the trust deed, or any of its parts, could be enforced between the parties hereto, the transfer and delivery from the donor to the trustee of the $2,000 note must he absolute and unqualified.
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Appeal from Jackson Circuit Court. — Eon. Jas. H. ¡Mover, Judge. (1) It is certainly true that a court of equity will lend no assistance toward perfecting a voluntary contract or agreement for the creation of a. trust, nor regard it as binding so long as it remains executory. Before the trust deed, or any of its parts, could be enforced between the parties hereto, the transfer and delivery from the donor to the trustee of the $2,000 note must he absolute and unqualified. It is the established law that a court of equity cannot by any authority, render a gift perfect which the donor has left…
1Opinion of the CourtBroaddus, P. J.
This is a suit to charge certain real estate with a trust.
On May 11, 1899, Lydia E. Brannock, a widow, executed a deed conveying in trust, certain personal and real property to R. F. Stephenson for the benefit of certain other persons therein named. The personal property consisted of two promissory notes payable to the said Lydia, one for the sum of $700, and the other for $2,000, and the real estate was a certain block of ground situated in Kansas City.
By the terms of the trust the title to the property was to remain in trust during the life of the said Lydia, she to have the use and income…
2Cases cited10 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Thomas v. ThomasSupreme Court of Missouri · 1891
- Williams v. JensenSupreme Court of Missouri · 1882
- Houck v. FrisbeeMissouri Court of Appeals · 1896
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3Cited by4 opinions
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
- Hess v. SandnerMissouri Court of Appeals · 1918
- Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937