Dozier v. Dozier

81 S.W. 890, 183 Mo. 137, 1904 Mo. LEXIS 213
CourtSupreme Court of Missouri
DecidedJune 20, 1904
StatusPublished
Cited by5 cases

This text of 81 S.W. 890 (Dozier v. Dozier) 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
Dozier v. Dozier, 81 S.W. 890, 183 Mo. 137, 1904 Mo. LEXIS 213 (Mo. 1904).

Opinion

MARSHALL, J.

This is a suit in equity by the trustee under the will of John T. Dozier, deceased, asking the chancellor to construe said will, and to advise him as to his duty as such trustee, with respect to the interest, under the will, of Adrien DeBow Dozier, deceased.

The case made is this:

On June 29, 1888, John T. Dozier died testate. His will is as follows:

“The last will and testament of John T. Dozier, of the city of St. Louis, witnesseth:
“For the disposition of such property as I may own at the time of my death, I, John T. Dozier, do make and publish, as and for my last will and testament, the following :
“First. My debts are to be first paid, including my funeral expenses, and the costs of administration.
“Second. To my mother, Mary A. Dozier, I devise the property situated on the north side of School street, in the city of St. Louis, known as the Rucker Place,_to be held and enjoyed by her for and during the remainder of her natural life, and at her death said property to pass in fee simple, under the seventh provision of. this will, to the persons therein' named or their descendants.
“Third. To my brother, Lewis D. Dozier, I bequeath thirty shares of the capital stock held by me of the capital stock of the Dozier-Weyl Cracker Company, [140]*140to be held by him in trust, however, for the sole use and benefit of my brother, James H. Dozier, for and during his natural life, to whom he shall pay the dividends declared in favor of and paid on said stock from time to time, with full power in said Lewis D. or his successor in this trust, to sell said shares at his direction, and the proceeds thereof to reinvest in other property, and again to sell and reinvest without limit, and at the death of said J ames H. I direct that said shares, or the proceeds thereof, or if sold and the proceeds reinvested, that such investment, pass as directed and provided by the seventh provision of this will to the persons therein named or their descendants.
“Fourth. To my brother, Lewis D. Dozier, I devise the following real estate, viz: The undivided one-half interest which I own in the lot of ground, of which he owns the other half, situated on the south side of School street, in the city of St. Louis, containing forty feet in front and known as the Woodridge lot. I also give and bequeath to him the following personal property, viz: All the capital stock held by me, or to which I have any right or claim, in G-oelitz Brothers’ Candy Company. All my interest in the horses and .other live stock, carriages and other articles, harness and robes, by him and me jointly owned. Also all the interest and right which I may have in the furniture, fixtures, pictures and other household effects at the homestead, No. 3128 School street, in said city; also my gold watch and chain and diamond stud.
“Fifth. To Benj. A. Dozier, Adrien Dozier, James H. Dozier, Helen Dozier, Rowena Schaeffer and J. W. Stone, I give and bequeath respectively all the notes and obligations held by me against them, and direct all such claims and all due me from them or from either of them on open account to .stand released and fully discharged. And to my sisters, Rowena Mason and Elvira H. Stone, I give, respectively, the amount still due or coming due to me from my father’s estate, [141]*141amounting to about the sum of six hundred dollars, from the two, and direct that they stand discharged from the obligation to make good to me that amount found coming to me on final settlement of said estate in the probate court of said city.
“Sixth. To my brother, Lewis D. Dozier, I give and bequeath all the shares of the capital stock held by me in the Dozier-Wéyl Cracker Company, except those bequeathed by the third provision of this will, to be held by him in trust, however, for the sole and separate use and benefit of the persons named in the seventh provision of this will and in the proportions therein provided, to whom he shall pay the dividends declared in favor of and collected on said shares according to their respective interests, from time to time, with full power in said trustee to sell said shares of stock at his proper discretion and the proceeds thereof to reinvest in other property, and again to sell and reinvest without limit. And at the death of any one of the beneficiaries, his or her descendants shall be entitled to their interest in said shares or their proceeds, or in the property in which said proceeds may in the meantime have been reinvested, divested of this trust.
“Seventh. After the foregoing devises and bequests have been fully satisfied, I give, devise and bequeath, all the rest and residue of my estate, real, personal and mixed, as follows:
“One equal part to my brother, Francis M. Dozier; one equal part to my brother, Lewis D. Dozier; one equal part to my sister, Elvira H. Stone; one equal part to 'my sister Rowena Mason; one equal part to my sister Margaret Adeline Dozier; one equal part to the children of my brother for whom I make special provision in the third clause of this will, named Adrien DeBow Dozier and Daisy Dozier; and one equal part to the •children of my deceased sister, Priscilla Ellen Schaef-fer Lynn, named Rowena Schaeffer, Mattie Willis,, born Mattie Lynn, and Lewis Lynn, and it is my intention [142]*142to have the persons herein named to share in the trust property referred to in the preceding provision of this will in the same proportions in which they take under this provision.
“Eighth. I name hy brother, Lewis D. Dozier, to he the sole executor of this, my last will and testament, and request that letters testamentary he granted to him without bond.
“Made at the city of St. Louis on the twenty-eighth day of January, A. D. 1885.
“John T. Dozier. .(Seal.)”

Lewis D. Doziér qualified as executor and finally administered upon said estate, and has ever since been acting as trustee under said will. As such trustee he has changed the character of some of the trust property, principally hy selling the stock of the Dozier-Weyl Cracker Company, and reinvesting the proceeds in the bonds of the American Biscuit and Manufacturing Company, and the stock of the National Cracker Company, all of which was done with the consent of all the beneficiaries, living at the time.

Heretofore, on June 2, 1893, Margaret Adeline Dozier, one of the beneficiaries named in the seventh clause of the will, died, testate. By her will she attempted to dispose of her share of the property. The trustee, Lewis D. Dozier, being in doubt under the will as to her power to dispose of such interest, and as to his duty in making distribution of the profits and dividends arising from the trust fund, instituted a suit in equity asking the court to construe the will and to advise him as to his duty. He made all the defendants in this suit parties to that suit, except Jascal W. Stone, Laura Monroe Dozier and John Dozier Crittenden. The appellant herein, Laura Monroe Dozier, was at that time.the wife of Adrien DeBow Dozier./ Her husband was then living, and she was made a party defendant herein, because she claims dower in the interest that her [143]*143husband had in the property by virtue of the seventh clause of the will.

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Bluebook (online)
81 S.W. 890, 183 Mo. 137, 1904 Mo. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dozier-v-dozier-mo-1904.