Drake v. Crane
Supreme Court of Missouri
Appeal' from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The power of the court, sitting as a court of equity, is to construe the will, not to make a new will. Marshall v. Radley, 50 N. J. Eq. 547; Academy v. Adams, 65 N. H. 225; 1 Perry on Trusts, sec. 460. (2) A court of equity can no more authorize an act to be done which is in excess of the powers conferred by the will than can the trustees do such act.
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Appeal' from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The power of the court, sitting as a court of equity, is to construe the will, not to make a new will. Marshall v. Radley, 50 N. J. Eq. 547; Academy v. Adams, 65 N. H. 225; 1 Perry on Trusts, sec. 460. (2) A court of equity can no more authorize an act to be done which is in excess of the powers conferred by the will than can the trustees do such act. Society v. Academy, 94 Mo. 459; Ex parte Adamson, L. R. 8 Ch. Div. 817; Traphagen v. Levy, 45 N. J. Eq. 451; Griggs v. Veghte, 47 N. J. Eq. 181; Marshall v. Hadley, 50 N.…
1Opinion of the CourtBurgess, J.
This is a suit instituted by the plaintiffs, trustees under the will of Grerard B. Allen, *89deceased, against all the parties interested therein, to obtain a construction of said will. The will devised all the testator’s real property to the trustees named in the will, with certain powers therein mentioned. Among other powers given the trustees by the will were the following:
“To enter into the possession thereof, immediately after my death, collect the rents, with full power, subject to the limitations hereinafter imposed, to sell, lease, manage and dispose of the same, and to invest and…
2Cases cited8 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- DickinsonMassachusetts Supreme Judicial Court · 1890
- Noe v. KernSupreme Court of Missouri · 1887
- Long v. TimmsSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Person v. . WattsSupreme Court of North Carolina · 1922
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Haesloop v. City CouncilSupreme Court of South Carolina · 1923
- Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
22 more not listed; retrieve them via the Exa API.