Berry v. Stigall
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The court cannot 'make a new will for the parties. (2) The trustee must act strictly within the terms of the will and cannot get credit for any money expended except such sums as are plainly authorized. Drake v. Crane, 127 Mo. 102; Garesche v. Investment Co., 146 M’o. 448; Davis v. Hoffman, 167 Mo. 582; In re Bowie’s Est., 74 Mo.
Read the full summary
Appeal from DeKalb Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The court cannot 'make a new will for the parties. (2) The trustee must act strictly within the terms of the will and cannot get credit for any money expended except such sums as are plainly authorized. Drake v. Crane, 127 Mo. 102; Garesche v. Investment Co., 146 M’o. 448; Davis v. Hoffman, 167 Mo. 582; In re Bowie’s Est., 74 Mo. App. 191. (3) It is at once' seen by an examination of the trustee’s accounts that the rents were not used to support and educate the minor children, but were principally used for the benefit of…
1Opinion of the CourtEllison, J.
This proceeding has for its purpose the removal of defendant as trustee executing the provisions of a will, and for an accounting by him. On trial in the circuit court the defendant prevailed and plaintiffs duly perfected their appeal.
John Berry died testate in the year 1893 leaving a widow and the plaintiffs who are his children. His will contained the following provisions:. . “Sec. 1. To my beloved wife, Clarissa Berry, I give and bequeath all my personal estate, with full power to use and dispose of the same for the purpose of paying all of the debts owing and contracted by me.
“Sec. 2. To…
2Cases cited4 opinions
- Bone v. TyrrellSupreme Court of Missouri · 1892
- Reyburn v. WallaceSupreme Court of Missouri · 1887
- Beck v. KinealyMissouri Court of Appeals · 1901
- Hildenbrandt v. WolffMissouri Court of Appeals · 1899
3Cited by3 opinions
- Sponable v. DareCalifornia Supreme Court · 1925
- Berry v. StigallSupreme Court of Missouri · 1913
- Berry v. StigallSupreme Court of Missouri · 1913