Gray v. Shaw
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 3. It is the duty of a trustee under a power, to follow strictly the terms of that power, and unless they do this their acfSjare void. The directions contained in a power must be strictly followed, and the directions contained in a mortgage preclude ail departure from them. 4 Kent’s Com. 148; Hawkins vs. Kemp, 3 East. R. 410. Directions of a power must be strictly complied with: 4 Kent, C. 330, n. a.
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APPEAL from St. Louis Circuit Court. 3. It is the duty of a trustee under a power, to follow strictly the terms of that power, and unless they do this their acfSjare void. The directions contained in a power must be strictly followed, and the directions contained in a mortgage preclude ail departure from them. 4 Kent’s Com. 148; Hawkins vs. Kemp, 3 East. R. 410. Directions of a power must be strictly complied with: 4 Kent, C. 330, n. a. Special power of attorney must be strictly construed: Hogg vs. Smith, 1 Taunt R. 356- Fenn vs. Harrison, 3 Taunt 457; 1 Hare & Wal. 382-396; Wyhham vs.…
1Opinion of the CourtBirch, J.
This was a petition under the new practice act, praying permission to redeem a certain lot of land in the city of St. Louis, and the facts were succinctly and substantially as follows :
By their deed, dated September 26, 1838, M. L. Clark conveyed to certain trustees, therein named, for the purpose of securing to Henry Shaw the payment of certain indebtedness, the lot of land described in the petition. The deed gave the trustees power, in case the debt was not paid, to sell the whole or any part of said lot, or block of land, for the purpose of paying tiie debt, by giving twenty days notice of…
2Cited by10 opinions
- Goode v. ComfortSupreme Court of Missouri · 1866
- Raymond v. GilmanSupreme Court of Connecticut · 1930
- Wolff v. WardSupreme Court of Missouri · 1891
- Carter v. AbshireSupreme Court of Missouri · 1871
- Loveland v. ClarkSupreme Court of Colorado · 1888
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