Mize v. Bates County National Bank
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) That the law is well settled that a trust in personal property may be created and proved by parol evidence. 1 Perry on Trusts, p. 75, sec. 86; Kramer v. McGaughey, 11 Mo. App. 429. (2) The owner of personal property may impress upon' it a valid trust, either by a declaration that he holds the property in trust or by a transfer of the legal title to a third party upon certain specified trusts.
Read the full summary
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) That the law is well settled that a trust in personal property may be created and proved by parol evidence. 1 Perry on Trusts, p. 75, sec. 86; Kramer v. McGaughey, 11 Mo. App. 429. (2) The owner of personal property may impress upon' it a valid trust, either by a declaration that he holds the property in trust or by a transfer of the legal title to a third party upon certain specified trusts. It is not necessary to transfer the property, if the owner makes himself trustee. Any declaration in which the fiduciary relation is…
1Opinion of the CourtEllison, J.
Plaintiff as administrator of the estate of M. W. Mize, deceased, instituted this action to recover of the defendant bank several dividends on the stock of said bank, claimed by plaintiff to belong to him as such administrator. Three children of the deceased were afterwards made parties, and two of them claimed the dividends on two of the certificates of stock, upon which such dividends has been declared. The court dismissed the interplea of the children and gave judgment for plaintiff against the bank. The bank does not appeal. The third one of the children was notified by publication and…
2Cases cited4 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Minor v. RogersSupreme Court of Connecticut · 1873
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
3Cited by7 opinions
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Wahl v. WahlSupreme Court of Missouri · 1947
- Citizens National Bank v. McKennaMissouri Court of Appeals · 1913
- Pohl v. FultonSupreme Court of Kansas · 1911
- Godard v. ConradMissouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.