Legal Opinion

Sampson v. Mitchell

Supreme Court of Missouri

Decided December 4, 1894PublishedCited by 7 opinions

Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) John H. Sampson, as the trustee of an express trust under the will of Richard Sampson, deceased, was the proper party to- take such steps as might be necessary for the protection of the interests of his beneficiaries, when the trust property was threatened with a sale at a sacrifice under the tax judgment.

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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) John H. Sampson, as the trustee of an express trust under the will of Richard Sampson, deceased, was the proper party to- take such steps as might be necessary for the protection of the interests of his beneficiaries, when the trust property was threatened with a sale at a sacrifice under the tax judgment. R. S. 1889, sec. 1991; Anderson v. Mather, 44 N. Y. 249; Clarice v. Van Surlay, 15 Wend. 436; Cochran v. Van Surlay, 20 Wend. 375; Pitcher v. Carter, 4 Sand. Ch. 1. (2) The Boone circuit court sitting as a court of chancery,…

1Opinion of the Court

DIVISION ONE.

Black, P. J.

Richard Sampson, of Boone county, died testate in 1863. By his will he devised to his son John H. Sampson the two hundred and forty acres of land now in question and certain personal property in trust for the following purposes: For the sole use ‘ ‘of my daughter-in-law Jessie B. Sampson and the children of her body begotten by son Thomas during her cohabitation with him * * * freefrom the debts, liabilities and control of her said husband as though she were a femme sole.” It is provided further that Jessie B. Sampson “shall have the privilege of renting or leasing…

2Cases cited12 opinions

  1. Cochran v. Van SurlayNew York Supreme Court · 1838
  2. Chouteau v. GibsonSupreme Court of Missouri · 1882
  3. Clarke v. Van SurlayNew York Supreme Court · 1836
  4. Hart v. SteedmanSupreme Court of Missouri · 1889
  5. Kimmel v. BennaSupreme Court of Missouri · 1879

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

3Cited by7 opinions

  1. Riggs v. MoiseSupreme Court of Missouri · 1939
  2. Hutchinson v. PattersonSupreme Court of Missouri · 1910
  3. Leyden v. OwenMissouri Court of Appeals · 1910
  4. Clark v. BettelheimSupreme Court of Missouri · 1898
  5. Barbee v. . PennySupreme Court of North Carolina · 1916

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

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