Barkley v. Donnelly
Supreme Court of Missouri
Appeal from, Jackson Circuit Cowrt. — Hon. R. H. Field, Judge. (1) When real and personal property is devised or bequeathed in trust for a charity which is too indefinite to be carried out, the trustees hold the legal title for the heirs at law or nest of kin. And a bill in equity will lie to enforce the resulting trust by compelling a conveyance or decreeing the title out of the trustee and in the plaintiffs.
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Appeal from, Jackson Circuit Cowrt. — Hon. R. H. Field, Judge. (1) When real and personal property is devised or bequeathed in trust for a charity which is too indefinite to be carried out, the trustees hold the legal title for the heirs at law or nest of kin. And a bill in equity will lie to enforce the resulting trust by compelling a conveyance or decreeing the title out of the trustee and in the plaintiffs. Howley v. James, 7 Paige, 213; Reed v. Williams, 125 N. Y. 560; Easterbrooks v. Tillinghast, 5 Gray, 17; Finlay v. King’s Lessee, 3 Pet. 383; King v. Mitchell, 8 Pet. 327; Ford v.…
1Opinion of the CourtThomas, J.
This is a suit in equity by the heirs', of Mary A. Troost to recover the beneficial interest in certain property in Kansas City, attempted to be-donated by the will of Mrs. Troost to certain religious and charitable objects, and asking a construction of the-will for this purpose.
The circuit court rendered judgment sustaining a demurrer to the petition, dismissing the suit, and for the recovery of costs against the plaintiffs. From this, judgment the plaintiffs appeal.
The petition sets out the will in hcec verba, which after devising considerable property to the plaintiffs, and making a few…
2Cases cited5 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
- Howard v. American Peace SocietySupreme Judicial Court of Maine · 1860
- Howe v. WilsonSupreme Court of Missouri · 1886
- Powell v. HatchSupreme Court of Missouri · 1890
3Cited by16 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Richards v. WilsonIndiana Supreme Court · 1916
- Hadley v. ForseeSupreme Court of Missouri · 1907
- Hays v. HarrisWest Virginia Supreme Court · 1913
- St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
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