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
ON MOTION EOR REHEARING.
Rombauer, P. J.
— The motion filed in this case complains that the opinion of the court is inconsistent. It complains that the opinion treats the assignment, made by the relator to the executor, of the relator’s distributive share in the estate of Julia A. Bearing, both as void and as voidable, whereas under the decisions in this state such transactions are voidable only. This complaint is ill founded. The language used in the opinion is used in view of the conceded facts, and must be so limited. The trend of decisions in this state is, that transactions of this…
2Cases cited3 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Singer Sewing Machine Co. v. State Board of AssessorsSupreme Court of New Jersey · 1891
- Sallee v. ChandlerSupreme Court of Missouri · 1857