Miller v. Miller

• Decision Date: 15 February 1899
• Citation: 148 Mo. 113,49 S.W. 852
• Parties: MILLER v. MILLER.
• Court: Missouri Supreme Court

49 S.W. 852

148 Mo. 113

MILLER v. MILLER.

Supreme Court of Missouri, Division No. 1.

February 15, 1899.

DOWER — TRUSTS — EQUITY — LIENS.

1. A wife acquires no right to dower in lands that were held by her husband as trustee. Rev. St. 1889, § 4513.

2. A trustee was to support and educate the beneficiary during minority, and then convey one-half of the estate to her, retaining the other half; but he failed to observe the trust, and his heirs claimed the entire estate, thus forcing the minor to expend over half the rents during her minority to enforce the trust, and the balance fell short of an adequate support for her. Held, in partition to divide the estate and adjust the equities at her majority, that equity would impress a lien on the share of the trustee's heirs for the amount necessary to make up the reasonable cost of her support.

Appeal from circuit court, Clay county; E. J. Broaddus, Judge.

Suit by Emma Miller against Ruby Miller and others. There was a decree for plaintiff, and defendant Ruby Miller appeals. Reversed.

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 one-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. On 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 upon the same trust, terms, and conditions as stated in reference to the inherited property, except that Moses was to have one-half of this tract. There was nothing in either deed expressive of this trust. Ruby was then a minor of tender years. Edward died about March 10, 1880, and Moses died on the 29th of October, 1881, Moses took possession of the lands, and wholly failed to support, educate, or maintain Ruby, but, on the contrary, paid nothing for her, and left her to the compassionate care of others, who were under no such obligations to her. After Moses died, his heirs refused to recognize the trust and its obligations, and claimed the whole property. Ruby, by her next friend, brought suit against the heirs of Moses, to have a trust declared in her favor, and, upon a hearing, the chancellor, on March 6, 1883, declared the rights of the parties as they are herein stated to be, and appointed Henry S. Miller trustee in place of Moses, deceased, directing him to carry out the trust, make annual reports to the court, and give bond as trustee. There was no appeal from this decree, and it remains in full force. On the 26th of August, 1882, the probate court of Clay county appointed Henry S. Miller guardian of Ruby Miller. The first settlement of the guardian, made in 1885, shows that he received as rents for the land $280, and he took credit for $200 for two years' support, education, and maintenance of the ward, $300 paid as attorney's fees in the equity case, and this, with the probate fees, aggregated $513.85, and left a balance due the guardian of $233.85. His second settlement, made in 1888, shows that he received $130 a year rent for the land from March 1, 1885, to March 1, 1888, aggregating $390. He took credit for $200, being one-half of the expense of digging a pond "to secure stock water," making fences, etc.; for $250 for his services in the litigation to have the trust declared; deducted the $200 he had taken credit for support, education, and maintenance of the ward in his first settlement from the $233.85 balance due him under that settlement; and these items, with the probate fees, showed a total credit of $495.35, and left a balance of $105.35 due the guardian. His final settlement, made in 1889, shows he received as rents for the year from March 1, 1888, to March 1, 1889, $150, and his credits show that he paid to the ward, "for household and kitchen furniture," $100, and this, with various small items allowed by the probate court, and the balance of $105.35 due the guardian on his settlement in 1888, left a balance due the guardian of $65.60. On the 13th of October, 1890, Ruby Miller, having reached the age of 14 years, selected John T. Hall as her guardian and curator. He qualified and gave bond. His first settlement, made in 1891, showed he had received for rent and for other purposes $162, and that he paid out for Ruby $43.30, which, with sums paid for taxes and other small items allowed by the probate court, aggregated $160.55, and left a balance due the ward of $1.42. His second settlement, made in 1892, showed he had received for rent $80; which, with the balance of $1.42 due the ward on his first settlement, aggregated $81.42, and that he had paid for Ruby $28.20, which, with taxes and allowances made by the probate court, aggregated a total credit of $82.55, and left a balance due the guardian of $1.13. His final settlement, made in 1894, shows he had received for rent $390, and that he paid Ruby $33 in 1893, which, with the other allowances made by the probate court, aggregated $307.74, which left a balance due Ruby of $82.26, which he paid to her and was discharged; thus showing that between 1881, when Moses died, and 1894, when Ruby attained her majority, the whole land yielded $1,452, or an average of $111.64 a year, and that of this Ruby received only $286.76, or an average of $22.05 a year. Immediately after Ruby became of age, one of the heirs of Moses W. Miller, Jr., instituted this action, seeking to have the property partitioned, and asking that the rights of the parties be adjusted. The answer of the defendant, among other things, set up the total failure of Moses to carry out the terms of the trust, and upon compliance with which he was to have one-half of his brother's share of their father's estate, and one-half of the property afterwards purchased by his brother, and asked that Ruby be paid out of the share of Moses the sum of $200 a year, from August 15, 1878, the date of the first conveyance in trust, up to the date she attained her majority, in 1894, as and for her support, education, and maintenance, and that it be decreed a lien on the individual interest of Moses in the land. There was evidence that $175 to $200 a year would be reasonably required to support and maintain the minor. 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 6, 1883, 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 6, 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 6, 1883, have equaled, and do offset, her right...