In re Tompkins' Estate, 21973.
| Decision Date | 07 June 1932 |
| Docket Number | No. 21973.,21973. |
| Citation | 50 S.W.2d 659 |
| Parties | In re TOMPKINS' ESTATE. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Lewis County; Paul D. Higbee, Judge.
"Not to be officially published."
Proceedings instituted by the Canton Trust Company, successor trustee of the trust estate of John E. Tompkins, under the will of Junius Tompkins, deceased, for a nunc pro tunc correction of a judgment and decree. From a judgment denying the correction, the successor trustee appeals.
Reversed and remanded, with directions.
Emert Hilbert, of Canton, and Jeffries, Simpson & Plummer, of St. Louis, for appellant.
Barker Davis, of Canton, for respondent.
This is an appeal by the Canton Trust Company, successor trustee, from a judgment of the circuit court of Lewis county, overruling its motion for a nunc pro tunc correction of a judgment and decree rendered by the court in a trust estate on December 2, 1922.
It appears that one Frank C. Millspaugh was appointed by the will of Dr. Junius Tompkins, deceased, as testamentary trustee of a trust estate created for John E. Tompkins. Millspaugh acted as trustee from January, 1911, until December, 1922, when he presented to the circuit court his written resignation as trustee of said estate, with a request that a successor trustee be appointed. At said time Millspaugh filed his first and final settlement in the trust estate, which settlement sets out the amount of the corpus in the said trust estate originally turned over to him, together with all receipts and disbursements in the estate from the date Millspaugh took charge thereof up to the date of his resignation and the filing of his said settlement, and showed a balance remaining on hand of $4,641.34, represented by 35 shares of stock of the Canton Trust Company of Canton, Mo., of the value of $4,550, and $91.34 cash on hand.
On December 2, 1922, the circuit court approved Millspaugh's final settlement and accepted his resignation and appointed the Canton Trust Company successor trustee upon the filing of a $10,000 bond, which bond was filed by the trust company and approved on the same day.
The receipt of the Canton Trust Company, as successor trustee, filed in the case, for the balance shown on hand by the final settlement of said Millspaugh, trustee, acknowledges receipt from the said Millspaugh of the said 35 shares of stock of the Canton Trust Company of Canton, Mo., at a valuation of $4,550, and cash $91.34, totaling $4,641.34. The judgment entered by the clerk of the court, however, among other things, recites that "the court further finds that the disbursements for which the trustee asks credit are proper and have been properly made, and that the balance now in the hands of the said trustee is the sum of $4,641.34," and that "said former trustee, Frank C. Millspaugh, now files the receipt of the said Canton Trust Company for $4,641.34, the amount of said trust estate, and the said Frank C. Millspaugh is now and is hereby finally discharged from said trust."
On March 21, 1927, Mary L. Tompkins, caretaker of John E. Tompkins, filed a motion to require the Canton Trust Company, successor trustee, to make a settlement in the trust estate....
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