Jones v. Falls
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — How. L, B. Wood-side, Judge. * (1) “That which is originally intended as a gratuity can not be turned into a charge.” Whaley v. Peek, 49 Mo. 80; Polger v. Heidel, 60 Mo. 284. (2) The desire of Margaret Palls in giving this money to her son, should be carried out by the courts, if consistent with the established rules of law.
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Appeal from Phelps Circuit Court. — How. L, B. Wood-side, Judge. * (1) “That which is originally intended as a gratuity can not be turned into a charge.” Whaley v. Peek, 49 Mo. 80; Polger v. Heidel, 60 Mo. 284. (2) The desire of Margaret Palls in giving this money to her son, should be carried out by the courts, if consistent with the established rules of law. “Courts are ever desirous of carrying out and effectuating the intention of the parties as manifested by their agreements, or •declarations of trust and will do so whenever it can be done consistently with the established rules of law.”…
1Opinion of the CourtReyburn, J.
This record discloses that several years prior to the 29th day of September, 1901, Margaret Falls, plaintiff's intestate, had resided at Eolia, Missouri, with her only son, John Falls, appellant herein, occnpying as their home a house the property of the son, and on the 29th day of September, 1901, Margaret Falls died leaving as her heirs at law appellant and four daughters. At the time of her decease, Margaret Falls had $306 cash in her possession, which was delivered by the sisters of appellant to him and deposited by him in bank in his own name, and from which he afterwards paid the…
2Cases cited6 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Samson v. SamsonSupreme Court of Iowa · 1885
- Wheeler v. GlasgowSupreme Court of Alabama · 1892
- Manhardt v. FryeAppellate Division of the Supreme Court of the State of New York · 1897
- Meyer v. KoehringSupreme Court of Missouri · 1895
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3Cited by15 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- In Re the Estate of FranzSupreme Court of Missouri · 1939
- Sullivan v. SheaCalifornia Court of Appeal · 1916
- Stewart v. Tolar & DanielCourt of Appeals of Texas · 1923
- Cremer v. MayMissouri Court of Appeals · 1928
10 more not listed; retrieve them via the Exa API.