Evans v. Blackiston
Supreme Court of Missouri
Appeal from Buchanan Gircuit Court — ITon. Jos. P. Grubb, Judge. 1. The will did not confer upon Oolhoun a mere power of sale, but vested in him'a title in trust, personal and discretionary, and which could not be exercised by the administrator, such as purchasing lots and erecting houses on them. Conklin v. Egerton,t21 Wend. 430; Northrop v. Wright, 24 Wend. 223; Judsonv.
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Appeal from Buchanan Gircuit Court — ITon. Jos. P. Grubb, Judge. 1. The will did not confer upon Oolhoun a mere power of sale, but vested in him'a title in trust, personal and discretionary, and which could not be exercised by the administrator, such as purchasing lots and erecting houses on them. Conklin v. Egerton,t21 Wend. 430; Northrop v. Wright, 24 Wend. 223; Judsonv. Gibbons, 5 Wend. 224; Denne v. Judge, 11 East 288; 2 Williams on Executors 815; 2 Jarman on Wills 144; State v. Boon, 44 Mo. 260. 2. The land being vested in Colhoun, as trustee, could not have been sold by him as executor;…
1Opinion of the CourtNorton, J.
— This action is ejectment for the recovery of one acre and a half of land in the city of St. Joseph, Buchanan county. The petition is in usual form. The *438answer, in addition to a general denial, sets up the acquirement of title to the land in dispute, through an administrator’s deed and the making of valuable improvements thereon. The cause was tried by; the court without the intervention of a jury, and judgment rendered for the defendant, from which the plaintiff' has appealed to this court. Both plaintiff and defendant claim title through one Jane K. Erame, who died in 1859, leaving a will…
2Cases cited2 opinions
- Dilworth v. RiceSupreme Court of Missouri · 1871
- Coil v. Pitman's AdministratorSupreme Court of Missouri · 1870
3Cited by4 opinions
- Compton v. McMahanMissouri Court of Appeals · 1885
- Francisco v. WingfieldSupreme Court of Missouri · 1901
- In re Final Settlement of RickenbaughMissouri Court of Appeals · 1890
- Probate Court of Newport v. HazardSupreme Court of Rhode Island · 1880