Stoff v. Schuetze
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. R. A. Brener, Judge. (1) An executor or administrator is a trustee, and when he purchases property with funds of the estate he holds the property in trust for the estate and those entitled thereto; and it makes no difference whether the deed be to him as executor or administrator or not.
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Appeal from Franklin Circuit Court. — Hon. R. A. Brener, Judge. (1) An executor or administrator is a trustee, and when he purchases property with funds of the estate he holds the property in trust for the estate and those entitled thereto; and it makes no difference whether the deed be to him as executor or administrator or not. Harney v. Donohoe, 97 Mo. 144; Hynds v. Hynds, 274 Mo. 123; Patterson v. Booth, 103 Mo. 402; 24 C. J. 200-1. (2) Where land is taken by the executor or administrator in payment of a debt due the estate, the land becomes assets in his hands and not property held in…
1Opinion of the CourtElder, J.
— This is an action in equity, instituted February 25, 1916, seeking to establish a constructive trust in favor of plaintiff, Emma Stoff, and defendant, Louis C. Reese, in two tracts of land in Franklin County held by defendant Mary Schuetze. Defendant Reese is the brother of plaintiff, and defendant Schuetze is the second wife of plaintiff’s step-father. The two tracts ,of land involved are referred to in the record as the 30-acre tract and the 31-acre tract.
The petition is in two counts. The first count alleges that plaintiff’s father, John D. Reese, died in 1859, leaving surviving him his…
2Cases cited19 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Patterson v. BoothSupreme Court of Missouri · 1890
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Meier v. MeierSupreme Court of Missouri · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kerber v. RoweSupreme Court of Missouri · 1941
- Miller v. BerryMissouri Court of Appeals · 1954
- Foster v. PetreeSupreme Court of Missouri · 1941
- Little v. MetteeSupreme Court of Missouri · 1936
- White v. WilksSupreme Court of Missouri · 1962
2 more not listed; retrieve them via the Exa API.