Curators of the University of Missouri v. University of Kansas City

442 S.W.2d 66, 1969 Mo. LEXIS 909
CourtSupreme Court of Missouri
DecidedMarch 10, 1969
DocketNo. 53321
StatusPublished
Cited by6 cases

This text of 442 S.W.2d 66 (Curators of the University of Missouri v. University of Kansas City) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curators of the University of Missouri v. University of Kansas City, 442 S.W.2d 66, 1969 Mo. LEXIS 909 (Mo. 1969).

Opinions

SEILER, Judge.

Did the University of Kansas City “cease to exist”, within the meaning of the will of Miss Lena Haag, when, in 1963, by agreement between the Curators of the University of Missouri and the University of Kansas City, which stated that “ * * * it is to the best interests of the parties and of the State of Missouri in order to meet the growing educational needs of the state that University transfer to Curators those of its assets hereinafter described [real estate, buildings, furnishings, equipment, libraries, etc. owned by the University] so that the university now known as The University of Kansas City will become a part of the University of Missouri, to be administered by the Board of Curators of the University of Missouri and financial support provided by the State of Missouri”, the properties of the university were transferred to the Curators of the University of Missouri, who have since established and maintained at Kansas City a university known as University of Missouri at Kansas City ?1 If so, by the will of Miss Haag, the some $150,000 in the Lena Haag Fund for Deserving Students and the $522,000 in the Lena Haag Endowment Fund should be paid to the Trustees of Park College. Asserting that they had succeeded to the rights and title of the Board of Trustees of the University of Kansas City to these funds, the Curators of the University of Missouri brought this action against the University of Kansas City and its Board of Trustees, the Board of Trustees of Park College, and Norman H. Anderson, Attorney General, seeking the right to assume control of the funds for the purposes stated in Miss Haag’s will. The trial court entered judgment in favor of the Curators. The Trustees of Park College appealed. The University of Kansas City and its Board of Trustees support the decree of the trial court.

All the facts are stipulated, although there is disagreement over the admissibility and relevancy of portions of the stipulation. Miss Haag’s will, dated November 3, 1939 (she died in 1951) contained the following provisions:

“X
“I give and bequeath to the Board of Trustees of The University of Kansas City, of Kansas City, Missouri * * * One Hundred Thousand Dollars * * * which shall be called ‘The Lena Haag Fund for Deserving Students.’
⅜ ⅜ ⅜ ⅜ ⅜ ⅜
“As soon as practicable after my death the trustee shall use so much of the income of the trust fund as is practicable to make loans to students attending The University [68]*68of Kansas City. Such of said loans as are made shall be to such of said students as rank highest among the applicants for such loans from the standpoint of character, scholastic merit and financial need.
⅜ ⅜ ⅜ sj? ⅜ ⅜
“In determining the amount of the fund, both the principal and interest shall be credited to the fund and when the amount of the fund so determined equals Two Hundred Thousand Dollars * * * then any excess over and above said amount shall become a part of the Lena Haag Endowment Fund for the University of Kansas City hereinafter provided for. The remainder of the Lena Haag Fund for Deserving Students shall continue in all respects as theretofore.
“XI
“All the rest, residue and remainder of my estate not hereinafter provided for, I give, devise and bequeath to the Board of Trustees of The University of Kansas City, of Kansas City, Missouri to be known as The Lena Haag Endowment Fund for the University of Kansas City.
******
“No part of the fund or assets creating the trust provided for in Article XI shall at any time be used for the construction of any buildings and the principal of said trust shall at all times be kept intact. The income therefrom shall be used in the sole discretion of the trustees to establish and maintain a teaching chair, or chairs in some department of said University, if needed, preference being given to a chair or chairs of music, without however intending to limit the use of such income to such specific chair or chairs. Each chair so established shall be appropriately designated and referred to as ‘The Lena Haag Chair of Music’ or of other subject as the case may be.
“Said University is requested to refer in its catalogue and other publications issued from time to time to the chair or chairs established with or by virtue of the income from said fund. Any amount of income received by the Trustees not needed from time to time for the purpose of establishing or maintaining such chair or chairs may be used by the Trustees for such purposes of said University as the Trustees may in their sole judgment and discretion deem to be of the greatest advantage to the University, not including the erection of buildings.
* ,* v ,. * * * *
“If The University of Kansas City should cease to exist (an event which I do not anticipate and trust shall never occur) then and in that event both the ‘Lena Haag Fund for Deserving Students’ and the ‘Lena Haag Endowment Fund for The University of Kansas City’ shall thereupon be paid and distributed by the Trustees hereinbe-fore referred to, to the Board of Trustees (or other governing Board occupying a similar position) of Park College of Parkville, Missouri, to be added to the endowment funds of Park College and to be used for such purposes as said endowment funds may be lawfully used and to be known as the ‘Lena Haag Fund for Park College’.
* * * * *

It is agreed that Park College is a privately endowed and supported institution, as was U.K.C. and that U.M.K.C. is a state-supported institution.

The parties are also in agreement that evidence relevant and material as to the occurrence of the condition subsequent (“If The University of Kansas City should cease to exist”) is admissible. This must necessarily include the 1963 agreement, as well as what took place then and thereafter as to the continued existence or non-existence of U.K.C. as a university. The parties all take the position there is no ambiguity on the face of the will, particularly in the words “If The University of Kansas City should cease to exist.” However, according to the Restatement of Property (Vol. Ill, § 241, pp. 1189-1190): “* * * [A]ny ascertainment of the meaning of language requires consideration of the atmosphere in which the conveyance orig[69]*69inated, and an ascertainment of the associations or connections understood by the conveyor to exist between the terms of the conveyance and the various possible objects in the external world * * *.

“In the case of a deed or will, as in the case of any writing, this process is always necessary * * *.”

See, also, 57 Am.Jur., Wills, § 1041, p. 676, stating: “A moment’s reflection will show that in giving effect to any will, even the simplest and clearest, some extrinsic evidence must be admitted to identify the persons and property referred to in the will and to enable the court to apply the words of the will to the matters to which it relates * *

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Bluebook (online)
442 S.W.2d 66, 1969 Mo. LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curators-of-the-university-of-missouri-v-university-of-kansas-city-mo-1969.