Paul v. Chouteau
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. I. The decree held Reene Paul accountable as trustee wbo had violated his trust, and it was right to make him account for the value of the propeity held by him in trust, and sold by lúea, at the value for which he sold at the least.
Read the full summary
ERROR to St. Louis Circuit Court. I. The decree held Reene Paul accountable as trustee wbo had violated his trust, and it was right to make him account for the value of the propeity held by him in trust, and sold by lúea, at the value for which he sold at the least. A trustee is not at liberty to act or contract for his own benefit in regard to the trust property; and if “he fail in the performance of his duty, or exceed, or prevent the persons with which he is interested, he will become responsible:’’ 8 Law Lib., VVillison, trustees, p. 167; also, page 171 — “whenever the trustees violate…
1Opinion of the CourtBirch, J.
Auguste Choteau, the ancestor of the plaintiffs, died in the month of February, 1829, leaving several children, of whom the defendant married a daughter. On the 18th of January, 1830, the executrix of the deceased obtained a judgment and execution against one Calibon, under which a certain lot of land in the city of St. Louis was sold, and the defendant became the purchaser, for the sum of one hundred dollars, being less than half the amount which was due upon the execution, exclusive of the costs. The bill, by which the present suit was commenced by a portion of the heirs, alleges that, in…
2Cited by1 opinion
- Baumgartner v. GuessfeldSupreme Court of Missouri · 1866