[Download] "Matter Estate Emma Soengen v. Carrie Wipke" by St. Louis District Missouri Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Estate Emma Soengen v. Carrie Wipke
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 21, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Considered upon the merits the issue presented by this appeal is whether ""Item Fourth"" of the last will and testament of Emma Soengen creates a trust in the amount of $10,000.00 for the benefit of her brother, the appellant, or if it constitutes an outright bequest to him of that sum. The probate court of St. Louis County held in favor of appellant, construed Item Fourth as an outright bequest, and its order of final distribution directed the executrix to pay that sum to the appellant. The circuit court reversed that decision and directed the $10,000.00 be placed in a trust fund for the appellant's benefit. It is from that judgment this appeal comes to us. However, as will appear later herein, we do not reach this issue for the reason that we have determined the executrix had no right to appeal from the decision of the probate court. It follows that the circuit court lacked authority to act upon the appeal from the probate court, and, our jurisdiction to pass upon the merits of this appeal being derivitive, there is nothing here presented for our ruling. In re Whitsett's Estate, 237 Mo. App.1295, 172 S.W.2d 965. We will confine our statement of the facts to the issue herein decided and such other matters as will aid in the understanding of the general situation confronting us in this appeal. The deceased was the sister of the appellant and also of the executrix, Carrie Wipke. In its pertinent parts the will with which we are here concerned consisted of Items Third, Fourth, and Fifth. It is unnecessary to set out the provisions of Item Third and it would unduly extend this opinion to do so as this item is very lengthy and detailed. Its recitation covers about five and one-half pages of the transcript. It is sufficient for our purpose to state that, with an attention to detail that is commendable, this item creates a grave trust to cover the care of the graves of deceased and her family including the executrix and the appellant. The creation of that ""Trust"" or ""Trust Estate"" (those terms are repeatedly used throughout this item), the powers and duties of the Trustees of which the scrivener of this will was one, compensation, provisions for successor trustees, bonds or the waiver of any requirement therefor, a provision barring anyone who contests the provisions of this item from receiving anything under other provisions of the will, and other related matters are meticulously set forth in detail in this item of the will.