Legal Opinion

Rollestone v. National Bank of Commerce

Supreme Court of Missouri

Decided June 3, 1923PublishedCited by 25 opinions

Appeal from St. Louis City Circuit Court. — if o». Gran-ville Hogan, Judge. (1) If all the evidence offered were admitted to he true it would afford no basis for the decree entered by the trial court. The evidence offered is not sufficient to establish an executed trust, which must be established before plaintiff can recover, there being no consideration, pleaded or proven, for the alleged promise by Mil-liken.

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Appeal from St. Louis City Circuit Court. — if o». Gran-ville Hogan, Judge. (1) If all the evidence offered were admitted to he true it would afford no basis for the decree entered by the trial court. The evidence offered is not sufficient to establish an executed trust, which must be established before plaintiff can recover, there being no consideration, pleaded or proven, for the alleged promise by Mil-liken. (a) The statements by Mr: Milliken, in his letters of May 17, 1906, and June 16, 1906, constitute, at best, a mere promise to hold in trust, in the future, not an executed trust. As…

1Opinion of the CourtRagland, J.

This is an action in equity to enforce a trust in personal property and compel an accounting. The defendants are the executors of the will of John T. Milliken, deceased.

The petition alleged that “in the early part of 1906, the said Milliken stated to plaintiff that he would set apart and carry as trustee for plaintiff, until such time as it could be resold, 10,000 shares of the said 600,000 shares of the stock so purchased at seventy-five cents per share as aforesaid, and would pay plaintiff the dividends and profits therefrom, plaintiff to repay the said Milliken the purchase price of…

2Cases cited4 opinions

  1. Richardson v. ShawSupreme Court of the United States · 1908
  2. In re Estate of SoulardSupreme Court of Missouri · 1897
  3. Caswell v. . PutnamNew York Court of Appeals · 1890
  4. Tyler v. TylerAppellate Court of Illinois · 1888

3Cited by25 opinions

  1. US Trust Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  2. Ambruster v. AmbrusterSupreme Court of Missouri · 1930
  3. Burns v. BastienSupreme Court of Oklahoma · 1935
  4. Stephenson v. StephensonSupreme Court of Missouri · 1943
  5. Huntington Nat. Bank v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1937

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