Morrow ex rel. Gross v. Morrow
Missouri Court of Appeals
Error to Macon Circuit Court. — Eon. Nut. M. Shelton, Judge. (1) Tbe court erred in sustaining tbe demurrer to tbe plaintiff’s petition and in rendering a general judgment for tbe defendants. This was not a passive or discretionary trust, but an active trust requiring duties and supervision of a trustee.
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Error to Macon Circuit Court. — Eon. Nut. M. Shelton, Judge. (1) Tbe court erred in sustaining tbe demurrer to tbe plaintiff’s petition and in rendering a general judgment for tbe defendants. This was not a passive or discretionary trust, but an active trust requiring duties and supervision of a trustee. Perry on Trusts (5 Ed.), sec. 248. (2) “In equity cases a demurrer tq_a petition should not be sustained if tbe plaintiff is entitled to any relief whatever on the case stated in tbe petition,” and when equity obtains jurisdiction of a case, tbe court will proceed to decide all matters…
1Opinion of the CourtJohnson, J.
— The petition in this action, omit- • ting caption and signature, is as follows:
*448“For cause of action against the said defendants, the plaintiffs, by their said guardian and curator, state: That on the 17th day of March, 1900, Jefferson Morrow, Sr., departed this life testate in the county of Macon and State of Missouri, leaving surviving him the following named children and heirs, to-wit: All the said named defendants, and also a daughter, Celia Miller, who has since died, who left surviving as her only children and heirs the said defendants, John W. M'iller, Jr., Thomas J. Miller, Jr.,…
2Cases cited14 opinions
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- Judson v. WalkerSupreme Court of Missouri · 1900
- Bramell v. ColeSupreme Court of Missouri · 1896
- Gartside v. GartsideSupreme Court of Missouri · 1892
- Newton v. RebenackMissouri Court of Appeals · 1901
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3Cited by5 opinions
- Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
- Canada v. DanielMissouri Court of Appeals · 1913
- Callison v. Wabash Railway Co.Missouri Court of Appeals · 1925
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934
- Union Trust Co. v. CurbySupreme Court of Missouri · 1914