Landis v. Saxton
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — -Trial before Hon. Gr. I). Burgess, Judge of the Eleventh Judicial Circuit. (1) The law demanded that all the power and influence the executor possessed,by virtue of his trust, be used for the advantage of his estate, and not for his own private gain or emolument. No other rule would be safe. Perry on Trusts, 533. And he can make no profit, either directly or indirectly, from his position or office.
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Appeal from Buchanan Circuit Court. — -Trial before Hon. Gr. I). Burgess, Judge of the Eleventh Judicial Circuit. (1) The law demanded that all the power and influence the executor possessed,by virtue of his trust, be used for the advantage of his estate, and not for his own private gain or emolument. No other rule would be safe. Perry on Trusts, 533. And he can make no profit, either directly or indirectly, from his position or office. Ib. 534, In this case the defendant held an important and sacred private trust. Porter v. Jones, 52 Mo. 399. A trustee is never permitted to make any profit…
1Opinion of the CourtBlack, J.
This was a suit to enjoin the sale of certain real estate under a deed of trust given to secure a promissory note made by the plaintiff, Israel Landis, and two other persons as his securities, for sixteen thousand dollars, due in two years after the date thereof with interest at the rate of ten per cent, per annum, interest payable annually. The note is payable to the defendant, Albe M. Saxton, executor of the estate of John Patee, deceased. The defendant filed answer in which he set up, the note and deed of trust and prayed for a foreclosure. Various payments were conceded to have been made…
2Cases cited6 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Fellows v. . LongyorNew York Court of Appeals · 1883
- Acheson v. ChaseSupreme Court of Minnesota · 1881
- Smith v. WolfSupreme Court of Iowa · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Murray v. O'BrienWashington Supreme Court · 1909
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- South Joplin Land Co. v. CaseSupreme Court of Missouri · 1891
- Spencer v. PettitCourt of Appeals of Texas · 1924
- Ruppel v. Missouri Guarantee, Savings & Building Ass'nSupreme Court of Missouri · 1900
18 more not listed; retrieve them via the Exa API.