Denvir v. Park
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The trial court erred in overruling defendant Park’s objection to the admission of any evidence under plaintiff’s petition, for the reason that the first count and the second count thereof do not state facts sufficient to constitute a cause of action, (a) As to the first count, no where does it appear what the alleged services of Crow consist in, or in what way they were beneficial to the trust…
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The trial court erred in overruling defendant Park’s objection to the admission of any evidence under plaintiff’s petition, for the reason that the first count and the second count thereof do not state facts sufficient to constitute a cause of action, (a) As to the first count, no where does it appear what the alleged services of Crow consist in, or in what way they were beneficial to the trust estate, (b) There is a misjoinder of parties defendant as to the first count. Jamison v. Cullingan, 151 Mo. 410; Doan v.…
1Opinion of the CourtNortoni, J.
This is a suit in equity. It involves a charge against a trust estate. The finding and judgment were for plaintiff and defendant prosecutes the appeal. ■<
Plaintiff is administrator of the estate of William, F. Crow, who was former trustee under the will of the estate now represented by defendant Park as his successor in trust. After the death of Crow, trustee under the will, defendant Park was appointed by the circuit court as his successor in trust. The original trustee, William F. Crow, after serving under the will for almost two years, departed this life without having made a settlement…
2Cases cited8 opinions
- Crook v. TullSupreme Court of Missouri · 1892
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Newton v. RebenackMissouri Court of Appeals · 1901
- Hackman v. MaguireMissouri Court of Appeals · 1886
- Coffman v. GatesMissouri Court of Appeals · 1905
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3Cited by3 opinions
- Sponable v. DareCalifornia Supreme Court · 1925
- Gartenlaub v. Union Tr. Co. of S.F.California Supreme Court · 1921
- Hillman v. HedgpethMissouri Court of Appeals · 1980