Partridge v. Cavender
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The clause contained in tlie will of Jobn Cavender, wliereby Robert S. Cavender is sought to be restrained from the power to sell or alienate the income of the estate by way of anticipation, is not valid, or of force to defeat the rights of creditors. Parsons v. Spencer, 83 Ky. 305 ; Rudd v: Van der Hagen, 5 S. W. Rep. 416 ; Marshall v. Rash, 7 S. W. Rep. 879 ; Smith v. Towers, 14 Atl.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The clause contained in tlie will of Jobn Cavender, wliereby Robert S. Cavender is sought to be restrained from the power to sell or alienate the income of the estate by way of anticipation, is not valid, or of force to defeat the rights of creditors. Parsons v. Spencer, 83 Ky. 305 ; Rudd v: Van der Hagen, 5 S. W. Rep. 416 ; Marshall v. Rash, 7 S. W. Rep. 879 ; Smith v. Towers, 14 Atl. Rep. 497. (2) The clause restraining Robert Smith Cavender from power to alien his interest in the trust estate does not necessarily…
1Opinion of the CourtSherwood, J.
The object of this proceeding,-instituted in May, 1885, is to charge the incomes, both accrued and accruing, of a certain trust estate held by John M. Clover, as trustee for Robert S. Cavender, in order to satisfy a judgment in favor of plaintiffs for $5,846.22, rendered in 1879, in the United States circuit court for the southern district of Illinois. On this judgment, execution issued and was returned nulla bona. The incomes referred to are derived from certain pro£>erty devised by the last will of Jno. Cavender, deceased, probated in 1862, in the probate court of the city of St. Louis. t
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2Cases cited1 opinion
- Smith v. TowersCourt of Appeals of Maryland · 1888
3Cited by20 opinions
- Electrical Workers, Local No. 1 Credit Union v. IBEW-NECA Holiday Trust FundSupreme Court of Missouri · 1979
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Sherman v. HavensSupreme Court of Kansas · 1915
- Brown v. MacgillCourt of Appeals of Maryland · 1898
- Roden v. HelmSupreme Court of Missouri · 1905
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