Legal Opinion

Cornet v. Cornet

Supreme Court of Missouri

Decided December 20, 1916PublishedCited by 33 opinions

Appeal from St. Louis City Circuit Court. — So#. Kent K. Koerner, Judge. (1) The trustee’s conduct being questioned, the burden is upon him to show that his investments were proper. Hart’s Estate, 203 Pa. St. 486. (2) It is the duty of the trustee to invest the funds of the trust estate within a reasonable time.

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Appeal from St. Louis City Circuit Court. — So#. Kent K. Koerner, Judge. (1) The trustee’s conduct being questioned, the burden is upon him to show that his investments were proper. Hart’s Estate, 203 Pa. St. 486. (2) It is the duty of the trustee to invest the funds of the trust estate within a reasonable time. Perry on Trusts (6 Ed.) sec 462; Underhill on Trusts, pp. 266-446; Beach, Trust and Trustees, sec. 552; Barney v. Saunders,-16 How. 543; Ringgold v. Ringgold, 1 H. & G-. 11; Witner’s Appeal, 87 Pa. St. 120. (3) The mingling by the trustee of trust moneys' with his own is a conversion…

1Opinion of the Court

BROWN, C.

This suit was instituted in the St. Louis City Circuit Court on the 13th day of June, 1908, by a petition in equity filed by George A. Cornet and Tillie Cornet, his wife, against. Henry L. Cornet as trustee under the last will of Francis Cornet, deceased, and in his individual capacity. The relief asked was that the court decree that plaintiff George A. Cornet was entitled to appoint and dispose of the estate devised and bequeathed to him in said will by his father, the testator therein; that, a certain deed executed by the said George A. Cornet to the defendant, his brother, dated…

2Cases cited6 opinions

  1. Gamble v. GibsonSupreme Court of Missouri · 1875
  2. Bobb v. BobbSupreme Court of Missouri · 1886
  3. Mattocks v. MoultonSupreme Judicial Court of Maine · 1892
  4. Cornet v. CornetSupreme Court of Missouri · 1913
  5. Hart's EstateSupreme Court of Pennsylvania · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Ulmer v. Fulton, Supt.Ohio Supreme Court · 1935
  2. First National Bank of Kansas City v. HydeSupreme Court of Missouri · 1962
  3. Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
  4. Sebree v. RosenSupreme Court of Missouri · 1961
  5. Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949

28 more not listed; retrieve them via the Exa API.

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