148 Mo. 113 | Mo. | 1899
This is an action in partition and to adjust the equities of the parties.
Moses W. Miller died leaving two sons, Edward T. and Moses W. Miller, Jr. On the 15th of August, 1879, Edward T. Miller conveyed his half interest in the land inherited from his father to his brother, Moses W. Miller, Jr., by a straight deed, for an expressed consideration of $500, but in truth to be held by Moses in trust, one undivided ono-half in trust for Ruby Miller, then a minor, during her minority, and to be conveyed to her when she became of age, and the other one-half for himself, but the consideration for the one-fourth so conveyed to Moses was that he should support, educate and maintain Ruby Miller until she should become of age. Oh the 29th of December, 1879, Edward T. Miller purchased another tract of land and had it conveyed directly to Moses W. Miller, Jr., to be held by him
Immediately after Ruby became of age, the heirs of Moses W. Miller, Jr., instituted this action, seeking to have
The circuit court made a special finding of the facts, substantially as stated herein, and concluded it as follows: “And the court further finds that, under the decree of this court, rendered March 6th, 1888, defendant Ruby Miller, was entitled to receive from Moses "W". Miller, Jr. support, education and maintenance until she became of age, and that since March 6th, 1883, defendant Ruby Miller, has received and enjoyed all the rents of said land, and that the plaintiff and other defendants have received no part of said rents. And the court further finds that said rents, so by said defendant Ruby Miller enjoyed since March 6th, 1888, have equaled and do offset her right to said support, education and maintenance until she became of age.” The court thereupon entered a decree of partition, appointed commissioners to admeasure and set off dower to the widow of Moses W. Miller, Jr., “in said lands” and to “make said partition herein adjudged of the residue of said lands.”
After proper steps defendant Ruby Miller appealed to this court.
Tbe learned chancellor erred in awarding dower to the widow of Moses W. Miller, Jr., “in said lands,” and in directing partition “of the residue of said lands.” Under the decree of March 6th, 1883, Moses "W". Miller, Jr., was a trustee for Euby Miller as to one-fourth of eighty acres of land inherited by Edward T. Miller from his father and was likewise trustee as to one-half of the sixty acres of land afterwards purchased by Edward and conveyed to Moses, As to this part “of said lands” Moses was never seized of an estate of inheritance, at any time during the marriage, and therefore his widow is not entitled to dower in them. A wife acquires no right to dower in lands that were held by her husband as trustee. [E. S. 1889, sec. 4513; Park on Dower, star p. 100, ch. VI.] .
EL
The principal contention of the defendant is that the circuit court erred in holding that the rents enjoyed by Euby Miller since March 6th, 1883, “have equaled and do offset her right to said support, education and maintenance until she became of age.” This ruling disposed of the main point of controversy between the parties. The defendant Euby Miller, claimed that as Moses "W. Miller, Jr., never contributed a cent towards her support, education and maintenance, and as his contract with his brother that he would support, educate and maintain her until her majority was the consideration upon which his right to the land vested, a court of equity should ascertain what a reasonable sum for that purpose would be, and decree it to be a lien on the portion of the trust estate belonging to Moses. Defendant Euby Miller, further claims that in estimating what she had received since 1883, the portion that accrued from her share of the trust fund should not be considered or taken into
If tbe purpose Edward T.- Miller bad in view when be conveyed tbe property to Moses is considered and always borne in mind, tbe questions presented in this case are not at all difficult of solution. Edward intended to make a suitable provision for tbe support, education and maintenance of Ruby. If be bad conveyed tbe property to trustees with directions to use tbe rents, issues and profits for this purpose, and if they were not sufficient, then to use a portion of tbe principal, tbe duties of tbe trustees would have been simple. She would have received tbe rents, issues and profits after paying taxes, repairs and tbe compensation tbe court might allow tbe trustees for their services, and whatever of tbe principal remained when she reached ber majority would have been hers absolutely. Instead of taking this course be conveyed tbe property to bis brother upon tbe agreement tbat be should bold one-balf of it in trust for Ruby to be turned over to ber when she became of age, tbat be should support, educate and maintain ber until tbat time, using tbe net rents, issues and profits for tbat purpose if sufficient, and if not sufficient be should support,
One of the risks Moses assumed was that if the rents, issues and profits of the whole land were' not sufficient' to support, educate and maintain Ruby,, he would make up the
We do not so understand tbe principles and practices of equity. Ruby was entitled to support, education and maintenance at tbe expense of Moses until sbe became of age. Moses was entitled to use tbe net rents, issues and profits arising from tbe whole trust property to reimburse bimself for bis expense. If tbe net rents, issues and profits were not sufficient to meet tbe expense of Ruby’s support, education and maintenance, tbe deficit was tbe price Moses agreed to pay for bis balf interest in tbe trust property wbicb be was to get when Ruby attained ber majority. Tbe net issues and profits amounted to only $286.16 for thirteen years. Sbe was supported by persons wbo were under no contractual obligations and wbo were not working for a reward, but tbis fact does not justify tbe claim of Moses’ beirs to tbe land when tbey and tbeir ancestor bave not earned it.
Ruby is entitled to a reasonable allowance for tbe support sbe did not get from Moses, and from tbis sum should be deducted tbe $286.76 sbe bas received as tbe net rents, issues and profits, and tbe balance should be deducted from tbe interest of Moses and bis beirs in bis part of tbe trust property. Tbe land should be ordered sold and this balance should be paid to Ruby in addition to ber balf interest in tbe property conveyed by ber father' to Moses. In tbis way alone can equity between tbe parties be meted out. This is a proceeding in equity and tbe court having jurisdiction of the cause should do complete equity between tbe parties.
There is no difficulty; such as plaintiff suggests, about tbe court liquidating tbe amount rightfully due Ruby for support, education and maintenance, and at tbe same time requiring tbe Moses beirs to pay it or charge it as a lien on their share or- to sell tbe property and deduct it from tbeir
Edward T. Miller intended that Ruby should be supported, educated and maintained out of the trust property. How well his expectations have been realized is seen when we consider that in the thirteen years of her minority after the trust estate was created, she received only $286.16 from the trust estate. This amounts to the munificent sum of $22.05 a year, or about $1.84 a month, or 6 and a fraction cents a day. The greatest economist that ever lived never would dream that a young girl could be supported, educated
But enough. Words can not make plainer the equity in this case. It speaks louder than words.
The judgment of the circuit court is reversed and the cause remanded to be proceeded with in accordance herewith.