Peugnet v. Berthold
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». War-tuick Hough, Judge. (1) If there is only one beneficiary to a trust, he can extinguish the trust at any time in his discretion. Underhill on Trusts (Am. Ed.), p. 370, art. 57; Dado v. Maguire, 71 Mo. App. 642; Sears v. Choate, 146 Mass. 195; Huber v. Donoghue, 49 N. J. Eq. 129. (2) The donee of a power in gross attendant on his life estate can extinguish it at any time.
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Appeal from St. Louis City Circuit Court. — Ho». War-tuick Hough, Judge. (1) If there is only one beneficiary to a trust, he can extinguish the trust at any time in his discretion. Underhill on Trusts (Am. Ed.), p. 370, art. 57; Dado v. Maguire, 71 Mo. App. 642; Sears v. Choate, 146 Mass. 195; Huber v. Donoghue, 49 N. J. Eq. 129. (2) The donee of a power in gross attendant on his life estate can extinguish it at any time. Atkinson v. Dowling, 33 S. 0. 414; Grosvenor v. Bowman, 15 R. I. 649; 7 Am. and Eng. Ency. Law 995. (3) The donee of a power in gross attendant on a life estate, can…
1Opinion of the CourtValliant, J.
This is a suit in equity to discharge a trust created by the will of plaintiff’s father, relating to property devised to a trustee for plaintiff’s use. Armand Peugnet, the plaintiff’s father,.a resident of St. Louis and owner of real estate in St. Louis and New York, died in 1894, leaving a will which has been duly probated. The estate has, under the will, been fully administered, and final settlement and distribution made in the probate court in 1897. The only thing remaining to be done, according to the plaintiff’s petition,, is to turn over to him his share of the property that came to him…
2Cases cited2 opinions
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Harbison v. SwanSupreme Court of Missouri · 1874
3Cited by10 opinions
- Evans v. RankinSupreme Court of Missouri · 1931
- Manders v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1925
- Thomson v. Union National Bank in Kansas CitySupreme Court of Missouri · 1956
- Chapman v. ChapmanSupreme Court of Missouri · 1934
- Moran v. SutterSupreme Court of Missouri · 1950
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