Goodwin v. Ross

• Decision Date: 12 March 1917
• Docket Number: No. 17958.,17958.
• Parties: GOODWIN v. ROSS et al.
• Court: Missouri Supreme Court

193 S.W. 573

GOODWIN v. ROSS et al.

No. 17958.

Supreme Court of Missouri, Division No. 1.

March 12, 1917.

Appeal from Circuit Court, Greene County; Guy D. Kirby, Judge.

Action by Lillian Ross Goodwin against Justin E. Ross and another. From a judgment for defendants, plaintiff appeals. Affirmed.

F. B. Williams and Delaney & Delaney, all of Springfield, for appellant. Barbour & McDavid and Mann, Todd & Mann, all of Springfield, for respondents.

BLAIR, J.

This is an appeal from a decree of the Greene circuit court construing a will, the pertinent parts of which read as follows:

"Having full confidence in the good judgment and sense of duty to our children, Lillian Ross and Justin E. Ross, on the part of my wife, Sarah E. Ross, I give, devise and bequeath to her, my dearly beloved wife, Sarah E. Ross, all of my property, real, personal and mixed, and of every nature and kind, and wheresoever the same may be situated.

"To have and to hold unto her the said Sarah E. Ross, forever, with full power to sell, invest and reinvest for the best interest of herself and my said children, to whom I make no devise or bequest herein, believing that my said wife at her death or sooner, if, in her good judgment, she thinks proper, will provide for them and bestow upon them the said property as fully and as beneficially as I, myself, could do.

"If at my death, or afterwards, money should come into the hands or under the control of my wife, which she should think proper and best to loan, it is my advice and strong desire that the same be loaned to persons whom she has ascertained to have, to a certainty, good titles to real estate which they shall give as security for such loans and that the same be of at least double the value of the money loaned.

"(3) I appoint and nominate my wife, Sarah E. Ross, as executrix, and my brother D. W. Ross, as executor, of this, my last will, and request that they be not required to give bond, as such, for the faithful discharge of the duties of such trust."

Testator was a physician, and executed this will in 1886. Appellant is his only daughter. Respondents are his widow and only son. When the will was executed appellant was 13 years old; respondent Justin E. Ross was 11 years old, and respondent Sarah E. Ross was 48 years old. At the time the will was executed testator was the owner of considerable property and accumulated more prior to his death in 1910.

I. The argument that the words "such trust," in paragraph "3" of the...