Powell v. Hatch
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court.—Hon. J. H. Slover, Judge. The facts necessary to an understanding of this case can, perhaps, be most satisfactorily exhibited by setting out in full the petition and answer as the case is substantially an agreed one, as will be seen. PETITION. “Plaintiff says he is the executor of the last will and testament of Lydia A. Grillett, deceased, and also legatee and trustee under said will.
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Appeal from Jaclcson Circuit Court.—Hon. J. H. Slover, Judge. The facts necessary to an understanding of this case can, perhaps, be most satisfactorily exhibited by setting out in full the petition and answer as the case is substantially an agreed one, as will be seen. PETITION. “Plaintiff says he is the executor of the last will and testament of Lydia A. Grillett, deceased, and also legatee and trustee under said will. That he has duly qualified as such executor; that the will was duly probated in Jackson county, Missouri, the domicile of said testatrix. That said will is in words and…
1Opinion of the CourtBarclay, J.
The effect of the decree of the trial court was to pronounce null and void that part of the fifth paragraph of the will of Lydia A. Grillett which contained this language, viz. : “And the rest, if there be any, to such charitable purposes as my said trustee may deem best.” This ruling practically declared an intestacy as to the undisposed of estate after payment of the specific legacies, and the costs of administration. The correctness of this ruling is the only point to be determined on this appeal.
The principles governing the execution of powers of appointment to charitable trusts have been…
2Cases cited1 opinion
- Howe v. WilsonSupreme Court of Missouri · 1886
3Cited by15 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Hadley v. ForseeSupreme Court of Missouri · 1907
- St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
- Barkley v. DonnellySupreme Court of Missouri · 1892
- Gossett v. SwinneyCourt of Appeals for the Eighth Circuit · 1931
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