Powell v. Palmer
Missouri Court of Appeals
Appeal from, the Montgomery Circuit Court. —Hon. E. M. Hughes, Judge. At common law, while no action to recover a legacy would lie without the assent of the executor,, such assent might be compelled in equity, provided there were assets which were not needed for the payment of debts, the executor being a mere trustee for the benefit of the legatee. Preston on Legacies, p. 49; Lark v. Linstead, 2 Md. Ch. 162; Wind v. Jekyll, 1 P. Wms. 575; Story’s Eq.
Read the full summary
Appeal from, the Montgomery Circuit Court. —Hon. E. M. Hughes, Judge. At common law, while no action to recover a legacy would lie without the assent of the executor,, such assent might be compelled in equity, provided there were assets which were not needed for the payment of debts, the executor being a mere trustee for the benefit of the legatee. Preston on Legacies, p. 49; Lark v. Linstead, 2 Md. Ch. 162; Wind v. Jekyll, 1 P. Wms. 575; Story’s Eq. Jur. [15 Ed.] secs. 540, 589, 593; Les-sing v. Vertrees, 32 Mo. 431. The existence or nonexistence of debts against an estate, before the final…
1Opinion of the CourtThompson, J.
— This action is brought by the executor of a deceased vendor to enforce a vendor’s lien. The defendant answered, admitting the legal capacity of the plaintiff to sue as executor, denying each and every allegation of the petition not otherwise admitted, and then setting up a special defense which will be hereafter considered. The plaintiff demurred to so much of the answer as set up the special defense, and the court sustained the demurrer. Thereafter the cause went to trial upon the issue made by the petition and the general denial.
At the trial the plaintiff, to maintain the issue on his…
2Cases cited1 opinion
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1885
3Cited by6 opinions
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Brobst v. BrobstMichigan Supreme Court · 1916
- Weis v. Kundert, Jr.Supreme Court of Minnesota · 1927
- Mast v. MastMissouri Court of Appeals · 1914
- Reymond v. HoltNew Mexico Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.