French v. Mastin

Missouri Court of Appeals

French v. Mastin

19 Mo. App. 614, 1885 Mo. App. LEXIS 279

DecidedDecember 7, 1885

StatusPublished

This text of 19 Mo. App. 614 (French v. Mastin) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

French v. Mastin, 19 Mo. App. 614, 1885 Mo. App. LEXIS 279 (Mo. Ct. App. 1885).

Pincite

Opinion

Hall, J.

If the intention of the testator was such as the plaintiffs contend it was, the will does not express it. The will provides that “ before any division of [620]*620funds shall he made hy my executors,” etc. This, no doubt, does create a charge upon the funds coming into the hands of the executors ; but we cannot perceive how it makes any charge upon real estate which does not come into the possession of, and under the control of the executors. The land having been divided in kind among the devisees, as provided by the will, the executors had no power, whatever, over it. That sectionof the will, by which a charge is created, provides for the payment of the charge by the executors, before a division by them, out of the amount going from them to Thomas H. Mastin, trustee. We cannot say that by said section a charge was fixed upon the real estate received by said Thomas H. Mastin, trustee, not from the executors.

The judgment of the circuit court is affirmed.

All concur.

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Hall, J.

If the intention of the testator was such as the plaintiffs contend it was, the will does not express it. The will provides that “ before any division of [620]*620funds shall he made hy my executors,” etc. This, no doubt, does create a charge upon the funds coming into the hands of the executors ; but we cannot perceive how it makes any charge upon real estate which does not come into the possession of, and under the control of the executors. The land having been divided in kind among the devisees, as provided by the will, the executors had no power, whatever, over it. That sectionof the will, by which a charge is created, provides for the payment of the charge by the executors, before a division by them, out of the amount going from them to Thomas H. Mastin, trustee. We cannot say that by said section a charge was fixed upon the real estate received by said Thomas H. Mastin, trustee, not from the executors.

The judgment of the circuit court is affirmed.

All concur.

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Bluebook (online)

19 Mo. App. 614, 1885 Mo. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-mastin-moctapp-1885.