Jones v. Jones
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — No». G. A. Mosman, Judge. (1) The fee to the real estate is placed in John Jones as trustee, but as to the real estate devised in items second and third of the will no power is reposed in him, and no duties imposed on him. He is given a bare legal title, without possession. Being the mere repository of title the statute of uses will execute the trust.
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Appeal from Buchanan Circuit Court. — No». G. A. Mosman, Judge. (1) The fee to the real estate is placed in John Jones as trustee, but as to the real estate devised in items second and third of the will no power is reposed in him, and no duties imposed on him. He is given a bare legal title, without possession. Being the mere repository of title the statute of uses will execute the trust. R. S. 1899, see. 4598; Carter v. Long, 181 Mo. 701; Perry on Trusts (5 Ed.), sec. 298. (2) The trust being executed, the estate vests immediately subject to be divested on a non-performance of the condition…
1Opinion of the CourtWoodson, J.
This suit was begun in the circuit court of Buchanan county, asking for a judicial construction of the will of Levi Jones, deceased.
Prior thereto the will had been duly probated by the probate court of that county.
The pleadings, omitting formal parts, are as follows:
“Comes now plaintiff and for cause of action states that Levi Jones departed this life on the — day of--, 1899, and at the time of his death was a resident of Buchanan county, Missouri, and owned a large amount of real and personal property therein.
“Plaintiff states that on the eleventh day of August, 1898, said Levi Jones made…
2Cases cited7 opinions
- Perrin v. LepperMichigan Supreme Court · 1888
- Burnham v. BurnhamWisconsin Supreme Court · 1891
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1878
- Morse v. HaydenSupreme Judicial Court of Maine · 1889
- Cassem v. KennedyIllinois Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Marriage of Penney v. WhiteMissouri Court of Appeals · 1980
- Williams v. HundSupreme Court of Missouri · 1924
- Missouri Wesleyan College v. ShulteSupreme Court of Missouri · 1940
- Estate of Largue v. RamseyMissouri Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.