Jarboe v. Hey
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The money in the hands of the trustee must be regarded, in equity, as real estate and the administrator of Charles A. Jarboe, has no title thereto. Note to Fletcher v. Ashburner, 1 White & Tudor’s Eq. Cas. 534; 4 Kent’s Com. 50; 1 Scribner on Dower [2 Ed.], 457. (2) Charles A. Jarboe took an equitable fee simple in the lands devised in trust.
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Appeal from Jackson Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The money in the hands of the trustee must be regarded, in equity, as real estate and the administrator of Charles A. Jarboe, has no title thereto. Note to Fletcher v. Ashburner, 1 White & Tudor’s Eq. Cas. 534; 4 Kent’s Com. 50; 1 Scribner on Dower [2 Ed.], 457. (2) Charles A. Jarboe took an equitable fee simple in the lands devised in trust. Preston v. Brant, 96 Mo. 556; Chew v. Keller, 100 Mo. 362; Finlay v. King’s Lessee, 3 Pet. 346; Johnson v. Jacob, 11 Bush (Ky.), 646; Jacob v. Jacob, 4 Bush (Ky.), 110; Collier’s Will,…
1Opinion of the CourtMaofaulane, J.
The purpose of this suit is to obtain the proper construction of the will of David M. Jarboe as it affected the disposition of certain real estate devised to plaintiff John F. Jarboe, as trustee, and of the proceeds of some of the land which had been sold by the trustee under power contained in the will. On the twenty-first day of February, 1884, the said David M. Jarboe made his will, by which, after some special •bequests to his wife, he gave to her and his son John F. each, one undivided one-third of all his real estate. •The remaining provisions of the will are as follows:
‘1 Fourth. I…
2Cases cited7 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Bredell v. CollierSupreme Court of Missouri · 1867
- Chew v. KellerSupreme Court of Missouri · 1889
- Redman v. BargerSupreme Court of Missouri · 1893
- Nichols v. BoswellSupreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Krause v. Jeannette Investment Co.Supreme Court of Missouri · 1933
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Bixby v. St. Louis Union Trust Co.Supreme Court of Missouri · 1929
- Kerens v. St. Louis Union Trust Co.Supreme Court of Missouri · 1920
12 more not listed; retrieve them via the Exa API.