Dado v. Maguire
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. A legatee having a vested interest in a fund, the payment of which is deferred to a period beyond his majority, may, nevertheless, obtain an order for its payment on attaining twenty-one years. 2 Woerner on Adm. 995; Roche v. Roche, 9 Beav. 66; Williams on Exr’s [7 Eng.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. A legatee having a vested interest in a fund, the payment of which is deferred to a period beyond his majority, may, nevertheless, obtain an order for its payment on attaining twenty-one years. 2 Woerner on Adm. 995; Roche v. Roche, 9 Beav. 66; Williams on Exr’s [7 Eng. Ed.], 1398; Curtis v. Luhin, 5 Beav. 147; Young’s Settlement, 18 Id. 199; 14 Allen (Mass.), 239; Randolph v. Randolph, 40 N. J. Eq'. 73, 78.
1Opinion of the CourtBland, P. J.
Joseph Dado died in December, 1893, testate. In January, 1894, his last will was duly probated in the probate court of St. Louis city, and the appellant, John Maguire, duly qualified as the executor of the will. The sixth clause of this will reads as follows:
“After the payments of the expenses of the administration of my estate and a reasonable compensation to my executor hereinafter named and the foregoing bequests, I give the entire residue of my estate and property to my three sons, Joseph, John and William Dado, share and share alike, but I desire and direct that my said executor…
2Cited by3 opinions
- Thomson v. Union National Bank in Kansas CitySupreme Court of Missouri · 1956
- Rector v. DalbyMissouri Court of Appeals · 1903
- Hamilton v. RobinsonMissouri Court of Appeals · 1941