Webb v. Hayden
Supreme Court of Missouri
Appeal from'Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) Tie word “executrix,” used in tlie second clause of the will of Emma I. Webb, is" descriptive of the person intended by testator as the donee of the trust power, and the trust or power did not vest in the office of executor or executrix, but in the person intended by the designation “executrix,” and (lie power or trust is given Rebecca Ilayden as implicitly and exclusively as if tbe words, “Rebecca Hayden,”…
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Appeal from'Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) Tie word “executrix,” used in tlie second clause of the will of Emma I. Webb, is" descriptive of the person intended by testator as the donee of the trust power, and the trust or power did not vest in the office of executor or executrix, but in the person intended by the designation “executrix,” and (lie power or trust is given Rebecca Ilayden as implicitly and exclusively as if tbe words, “Rebecca Hayden,” had been used instead of the words “executrix.” Simpson v. Cook, 24 Minn. 180; In re Estate Besley, 18 Wis. 474;…
1Opinion of the CourtValliant, J.
Plaintiff sues in his own name as curator of the estate of Ernest Webb, a minor, for moneys alleged to belong to the minor, in the possession of the defendant. The answer admits that the funds in question have come into the hands of defendant, but that they came to him as trustee, and are held by him as such with duties in relation thereto to be performed. The answer also pleads that after the defendant became possessed of the funds, a suit was brought in the name of the minor as plaintiff against this defendant, charging that he held the funds as trustee under the will of that plaintiff’s…
2Cases cited7 opinions
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Judson v. WalkerSupreme Court of Missouri · 1900
- Bennett v. ChapinMichigan Supreme Court · 1889
- Compton v. McMahanMissouri Court of Appeals · 1885
- Pugh v. HayesSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Marriage of Penney v. WhiteMissouri Court of Appeals · 1980
- Columbia Union National Bank & Trust Co. v. BundschuMissouri Court of Appeals · 1982
- Bank of Oak Ridge v. DuncanSupreme Court of Missouri · 1931
- Gaston v. Hayden ex rel. WebbMissouri Court of Appeals · 1903
- Lawson v. CunninghamSupreme Court of Missouri · 1918
9 more not listed; retrieve them via the Exa API.