145 Mo. App. 387 | Mo. Ct. App. | 1910
This is a suit against the trustee of the estate of the cestui que trust for necessaries furnished the latter.
In February, 1900, Luther Carter died testate, leaving Margaret his wife, three sons and one daughter surviving him, two of which are Samuel L. and Frank Carter who are the defendants to this suit.
In his will, Luther Carter made the following provision for Frank, to-wit:
“Fourth. My beloved son, Frank Carter, being incompetent, I desire that he shall live with my wife, Margaret Carter, so long as he may desire on the land devised to her as aforesaid, and for the care, support and maintenance of my said son, Frank Carter, I hereby set apart from my estate, if there be a sufficient amount of personal estate, the sum of six hundred dollars as an annuity to be paid to Samuel L. Carter as trustee for the said Frank Carter, and in case the personal estate be not sufficient for such annuity and the annuity provided for Margaret S. Carter as aforesaid, I direct that the same be and I hereby make the same a charge upon the lands hereinafter devised to my said children, Samuel L. Carter, John W. Carter and Mary E. Walters, one-third part each.
“Eighth. Having full faith and confidence in my son, Samuel L. Carter, I do hereby nominate and appoint him to be the executor of this my last will and testament, and also as trustee, to take charge and care*390 for the annuity above provided for my son, Frank Carter, and he is hereby authorized to pay the same out for the benefit of the said Frank Carter without any further authority, and I request that he be not required to enter into any bond as my executor.”
The first wife of the testator having died, he marric' Margaret Morgan, a sister of his first wife, who survived him as stated. Frank continued after his father’s death to reside with his step-mother, Margaret. A short time after the death of the testator the plaintiff who had married a daughter of the said Margaret but whose wife had also died, at the request of Margaret moved into the house with her, bringing with him his children, all young.
Plaintiff resided with his mother-in-law, Margaret, from the 28th day of March, 1900, until the latter part of November, 1906, during which time he furnished the necessaries for the entire household, including Frank, and nursed him, Frajik, and provided for his washing, The evidence tended to show that the defendant knew that plaintiff was boarding Frank, taking care of him and having his washing done. It was shown that defendant collected the annuity annually and that he had accumulated a fund of about three thousand dollars, in his hands provided for the support of his ward.
The court submitted to a jury the question of the reasonable value of the services rendered to Frank Carter, which returned a verdict in favor of plaintiff in the sum of three hundred dollars.
Thereupon the court made a finding of facts in accord with the finding of the jury, and rendered judgment for the amount of three hundred dollars, against defendant and made the same a charge against the funds in his hands as trustee and directed him to pay the amount to the plaintiff. Defendant appealed.
Defendant contends that Frank Carter had no such interest in the estate created by the will which he could affect by any contract express or implied. This must
We do not want to be understood as holding that the annuity in the hands of the defendant could be
The settlement of the trustee shows that he paid for his ward in 1900, $38.65, for clothing, pastor’s salary, recording, and drugs; in 1901, $36.65; in 1902, $19.29; in 1903, for clothing $30.85, pastor’s salary $5 and $486.35, medical expenses; in 1904, $210.76, medical expenses, $7.50, pastor’s salary, $14.28 taxes, and $2 for ward; and one dollar drug bill; in 1906, $23 for the church, $15 for barbering, $61.60 clothing, $2 cash, $310 attorneys’ fees, $24 court costs, $123.50 medical bill, $1.50 Chautauqua ticket; in 1907, $8 for church, $85 for clothing, $6 for barbering, $28.75 for taxes, $143 for doctoring, $75 attorneys’ fees, $150 compensation to himself as trustee, $9.65 court costs, $4 cash to ward, $6.75 board, and $7.25 expenses to Kansas City.
The account shows that during all these years defendant paid out only a small sum for the board of his ward and expended little for his clothing the two most essential things for his comfort, which excepting taxes and medical supplies the most necessary. Considerable sums were expended for attorneys’ fees, compensation to trustee, court costs, pastor’s salary and church donations; but in no single year did the expenditures equal the annuity in the hands of the trustee.