Board of Trustees of Westminster College v. Dimmitt
Missouri Court of Appeals
Appeal from Shelby Circuit Court. — Hon. Nat. M. Shelton, Judge. The terms of the will make it clear that this was a naked life estate. No suggestion is made of her disposing of the property, neither does the will say that what is left at her death shall go to appellant. It clearly says that the wife takes it for life and at her death it shall go to the college.
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Appeal from Shelby Circuit Court. — Hon. Nat. M. Shelton, Judge. The terms of the will make it clear that this was a naked life estate. No suggestion is made of her disposing of the property, neither does the will say that what is left at her death shall go to appellant. It clearly says that the wife takes it for life and at her death it shall go to the college. It seems to us that this makes the sum received by her clearly a trust fund and if so it need not ’ be traced, but may be taken out of the general assets of her estate. Harrison v. Smith, 83 Mo. 210; Hockensmith v. Hockensmith, 57 Mo.…
1Opinion of the CourtBland, P. J.
— Omitting caption, the petition is as - follows:
“Plaintiff states that it is a body corporate duly incorporated by act of the General Assembly of the State of Missouri.
“Plaintiff further states that on the — day' of-1894, Joseph I. Bowles died testate at the county of Shelby, in the State of Missouri, that his will was duly admitted to probate in the probate court of said Shelby county, Missouri.
“That by his will so probated as aforesaid, said Joseph I. Bowles bequeathed all his property of every description to his wife, Elvira A. Bowles, for and during her natural life and at her death the…
2Cases cited2 opinions
- Russell v. EubanksSupreme Court of Missouri · 1884
- Rountree v. . DixonSupreme Court of North Carolina · 1890
3Cited by7 opinions
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Alexander v. AlexanderSupreme Court of Arkansas · 1978
- Chambers, Admr. v. Williams, Admr.Supreme Court of Arkansas · 1939
- Cameron Trust Co. v. LeibrandtMissouri Court of Appeals · 1935
- Hinger v. HngerCourt of Chancery of Delaware · 1929
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