Trustees of LaGrange Male & Female College v. Parker
Missouri Court of Appeals
Appeal from the Circuit Court of Lewis County. — Ron. Chas. D. Stewart, Judge. (1) The note sued on in the case at bar is not an attempt to make a testamentary disposition of property, but is a non-negotiable promissory note, importing a consideration on its face. The fact that this note, by its terms, is made payable out of the maker’s estate, twelve months after his death, does not constitute it an attempted testamentary disposition of money. Maze v. Baird, 89 Mo.
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Appeal from the Circuit Court of Lewis County. — Ron. Chas. D. Stewart, Judge. (1) The note sued on in the case at bar is not an attempt to make a testamentary disposition of property, but is a non-negotiable promissory note, importing a consideration on its face. The fact that this note, by its terms, is made payable out of the maker’s estate, twelve months after his death, does not constitute it an attempted testamentary disposition of money. Maze v. Baird, 89 Mo. App. 348. (2) The note sued on in the case at bar upon its face imports a consideration and if the defendant desired to rely…
1Opinion of the CourtReynolds, P. J.
Plaintiff, appellant here, exhibited to the probate court of Lewis county a note for allowance against the estate of one H. O. Parker, deceased, that estate then being in the course of administration and in charge of Judson Parker, Administrator. The note exhibited is as follows:
“ENDOWMENT NOTE.
$1,000 Ewing, Missouri, June 7, 1912.
For value received and as a subscription to the Endowment Fund of LaGrange College located at LaGrange, Mo., I promise to pay to the Trustees of said
LAGRANGE COLLEGE
the sum of Oñe Thousand........Dollars.
Said sum to be paid out of my estate twelve months after my…
2Cases cited7 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- School District v. SheidleySupreme Court of Missouri · 1897
- Trustees of Christian University v. HoffmanMissouri Court of Appeals · 1902
- Pennell v. EnnisMissouri Court of Appeals · 1907
- Citizens National Bank v. McKennaMissouri Court of Appeals · 1913
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3Cited by5 opinions
- Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
- Scott v. CriderMissouri Court of Appeals · 1925
- Missouri Wesleyan College v. ShulteSupreme Court of Missouri · 1940
- Trustees of Baker University v. ClellandCourt of Appeals for the Eighth Circuit · 1936
- Wesleyan University v. HubbardWest Virginia Supreme Court · 1942