Phillips v. Overfield

• Decision Date: 19 May 1890
• Citation: 100 Mo. 466,13 S.W. 705
• Parties: PHILLIPS et al. v. OVERFIELD et al.
• Court: Missouri Supreme Court

13 S.W. 705

100 Mo. 466

PHILLIPS et al. v. OVERFIELD et al.

Supreme Court of Missouri.

May 19, 1890.

RESULTING TRUST — IDENTITY OF FUND — EVIDENCE.

On a bill to enforce a resulting trust against the estate of the administrator of plaintiffs' ancestor, it appeared that there came to the hands of the administrator 3,000 acres of land, and about $100,000 in personalty. A small portion of this was distributed to those entitled. Final settlement, 10 years after the grant of letters, showed a balance of $25,382 due the estate, and was approved by the probate court, but on appeal to the circuit court the balance was adjudged to be $71,894. The administrator owned a large plantation, but no other property of consequence. During his administration he engaged extensively in business, and suffered heavy losses. He also bought lands to the amount of $50,000, which constitute a part of the property sought to be affected with the trust. At his death his estate inventoried $75,000 in notes and accounts, mostly worthless, and a little other property. His debts were $60,000, consisting in part of notes given in payment for the lands he had purchased, besides the amounts due from him as administrator to plaintiffs. Held, the evidence failed to show that the estate sought to be subjected was the product of the trust-estate, or to identify any part of it as the trust property, and did not establish a resulting trust.

Error to circuit court, New Madrid county.

Wilson Cramer, for appellants. D. H. McIntyre, for respondents.

BLACK, J.

This is a suit in equity by Murray Phillips in his own right, and as guardian of Amos P. Klein, a minor, against the administrator pendente lite of the estate of Amos R. Phillips, and the creditors of said estate, to enforce a resulting trust. The following is an outline of the facts: Shapley R. Phillips died at the county of New Madrid, in this state, in the early part of 1863, leaving a large estate, consisting of lands, personal property, and slaves. He left a widow, Adele T. Phillips, who elected to take a child's part, and one son by her, and also one daughter and two sons by a former marriage, namely, Sallie D., Amos R., and Murray Phillips. The estate, therefore, descended to the widow and children in five equal parts. Amos R. Phillips administered upon his father's estate in 1863, and the administration had not been closed when he died, which was in the year 1873. In the mean time the widow and her son died, the son dying first, and the widow left as her heirs David Stengle, Mary Stengle, and Mattie Dormer. Sallie D. Phillips married Leroy Klein. Both died, leaving one child, Amos P. Klein, whose name was changed to Amos R. Phillips, but he will be designated by his original name. It does not appear when his parents died. The inventory filed by Amos R. Phillips in 1863, as administrator of Shapley R. Phillips, discloses lands to the amount of nearly 3,000 acres, notes and accounts and allowances against estates, aggregating, with accrued interest, $88,780, and an appraisement bill of other personal property and slaves amounting to $26,862. The eighth and final settlement of Amos R. Phillips was filed in the probate court in September, 1872, nearly 10 years after the grant of letters of administration. This settlement shows a balance due the estate of $25,382, and was approved by the probate court. David and Mary Stengle and Mattie Dormer appealed to the circuit court, and at the March term, 1873, the matters in dispute were referred. In August of the same year the referee reported a balance due the estate of $71,894, and to this report exceptions were filed by the administrator. Before these exceptions were heard Amos R. Phillips died testate, and Murray Phillips was appointed administrator de bonis non of the estate of Shapley R. Phillips, executor of the last will of Amos R. Phillips, and guardian of the minor, Amos P. Klein. At this juncture of affairs Murray Phillips purchased the interest of David and Mary Stengle and Mattie Dormer in the estate of Shapley R. Phillips. The further history of the final settlement, as disclosed by disconnected scraps of evidence, is this: Stengle and others, the appellants, and Murray Phillips, as administrator de bonis non of Shapley R. Phillips, appeared in the circuit court at its September term, 1874, and represented to the court that all matters of dispute had been adjusted, and the appeal was dismissed by consent. At the March term, 1876, the appellants moved to reinstate the cause, but the court overruled the motion. An entry made at the September term, 1876, shows that the appellants appeared by attorney, and that Murray Phillips appeared for himself and as administrator de bonis non of the estate of Shapley R. Phillips, and as executor of Amos R. Phillips, and as guardian of Amos P. Klein; that the exceptions to the report of the referee came on to be heard, and were overruled, and the report confirmed; and it was adjudged that there was in the hands of Amos R. Phillips, late administrator of Shapley R. Phillips, the sum of $71,894 for distribution; and it was further ordered that a copy of the judgment be certified to the probate court. While Amos R. Phillips was the administrator of his father's estate, he purchased a large amount of lands and other property. This property, remaining on hand, was inventoried by his executor, Murray Phillips; and in 1874 the executor procured an order to sell the lands for the payment of debts, but made no sale. In 1880, Murray Phillips, for himself and as guardian of the minor child, Amos P. Klein, brought this suit against the creditors of Amos R. Phillips. The...