Legal Opinion

Northrip ex rel. Northrip v. Burge

Supreme Court of Missouri

Decided March 3, 1914PublishedCited by 22 opinions

Appeal from Christian Cironit Court. — Hon. John T. Moore, Judge. (1) Three things must concur to raise a trust: Sufficient words to create it, a definite subject, and a definite object; and to these may be added another, viz., that the terms of the trust should be sufficiently declared. In re Sonlard, 141 Mo. 664; Banking Co. v. Miller, 190 Mo. 670; Crowley v. Crowley, 131 Mo. App. 183; Kramer v. McCaughey, 11 Mo.

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Appeal from Christian Cironit Court. — Hon. John T. Moore, Judge. (1) Three things must concur to raise a trust: Sufficient words to create it, a definite subject, and a definite object; and to these may be added another, viz., that the terms of the trust should be sufficiently declared. In re Sonlard, 141 Mo. 664; Banking Co. v. Miller, 190 Mo. 670; Crowley v. Crowley, 131 Mo. App. 183; Kramer v. McCaughey, 11 Mo. App. 429. (2) What are sufficient words to create a trust? (a) Equity will not convert an imperfect gift or settlement into a declaration of trust. Goodman v. Crowley, 161 Mo. 663;…

1Opinion of the Court

OPINION.

I

BOND, J.

Gift Mortis. (After stating the facts as above).— There are but two possible legal viewpoints from which to weigh the evidence in this case ; whether James Burge made a gift of the personalty sued for in his last" sickness and apprehending death; or, second, whether he executed a trust therein in favor of the plaintiff.

The law on the subject of donations -causa mortis has been given exhaustive research by Woodson. J., speaking for this division. [Foley v. Harrison, infra.] It is essential to such conditional gifts of personal property that they should be made in reasonable…

2Cases cited3 opinions

  1. Allen v. WithrowSupreme Court of the United States · 1884
  2. Seabright v. SeabrightWest Virginia Supreme Court · 1886
  3. Citizens National Bank v. McKennaMissouri Court of Appeals · 1913

3Cited by22 opinions

  1. Pollock v. BrownSupreme Court of Missouri · 1978
  2. Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
  3. Orr v. St. Louis Union Trust Co.Supreme Court of Missouri · 1922
  4. Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
  5. Adams v. AdamsSupreme Court of Missouri · 1941

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