Talbott v. Stanley
| Decision Date | 06 March 1933 |
| Docket Number | 17598 |
| Parties | TALBOTT v. STANLEY et al. |
| Court | Kansas Court of Appeals |
Rehearing Denied April 3, 1933.
Appeal from Circuit Court, Mercer County; A. G. Knight, Judge.
Suit by Ola Talbott against Claude Stanley and others. From Adverse orders and decree, defendants appeal.
Reversed and remanded. and remanded.
J Hubert Fuller and John E. Powell, both of Princeton, and Platt Hubbell, of Trenton, for appellants.
Walter E. Walsh and Hume & Raymond, all of Kansas City, for respondent.
This suit was commenced in the circuit court of Mercer county, Mo., by Ola Talbott, as next friend of Stanley L. Talbott, Joseph L. Talbott, Adrian June Bartram, and Jewell Ruth Talbott, minors, respondents herein, as plaintiffs below. Mercer county, Mo., was made a defendant. Claude Stanley, Virgie Boxley, and Marie Ogle, as executors of the estate of Joseph W. Stanley, appellants herein, and Charles Brummett, Jessie T. Butcher, and W. B. Hoover, as individuals, together with Charles Brummett, Lew W. Taff, and W. B. Hoover, as judges of the county court of Mercer county, Mo., were in their representative and individual capacities all made parties defendant.
In this action, the respondents ask that an instrument of writing signed by Joseph W. Stanley be decreed as creating a valid, voluntary, executed, irrevocable trust. The respondents further ask the trust to be impressed upon the funds alleged to have come into the hands of the appellants herein, who are alleged to be the executors of the estate of Joseph W. Stanley. The respondents further ask for the appointment of a trustee, and further ask for an accounting for trust funds, alleged belonging to the trust estate, at the hands of all parties defendant, and ask a decree that the said parties turn over all of the said funds in their hands to the trustee when appointed. The respondents further ask such further orders as to the court may seem meet and proper.
The cause was tried in the circuit court of Mercer county, Mo., before Hon. A. G. Knight, judge. At the close of the proceedings in the court below, the court entered its decree and orders in the words and figures as follows to wit:
"The Court having heretofore fully considered all of the evidence herein and the law applicable thereto and being fully Advised in the premises finds, orders and decrees that the Trust Agreement herein is a valid, executed, voluntary, and irrevocable trust and that the said Claude Stanley, Virgie Boxley, and Marie Ogle as the executors of the Estate of Joseph W. Stanley, deceased are hereby ordered and directed to pay to the Clerk of the Circuit Court of Mercer County, Missouri, the following amounts;
1. The sum of Two Hundred Fifty-two Dollars and Six Cents ($252.06) together with interest thereon from the 6th day of September, 1927, at the rate of six per cent (6%) per annum until paid.
2. The sum of Five Hundred Thirteen Dollars and Twenty-five Cents ($513.25) together with interest thereon from the 9th day of February, 1929, until paid, at the rate of six per cent (6%) per annum.
3. To deliver the note signed by R. T. Clamands as guardian or to pay the value thereof to wit: Five Hundred ($500.00) Dollars and in Addition to pay interest on the sum of Five Hundred Dollars ($500.00) from the 1st day of January, 1927, at the rate of six per cent (6%) per annum until said note is delivered or said money paid.
4. To deliver the Certificate of Stock Number 6006 issued by the Farm & Home Savings & Loan Association of Nevada, Missouri, or to pay the sum of One Thousand ($1,000.00) Dollars and in Addition to pay the interest on the sum of One Thousand ($1,000.00) Dollars from the 19th day of April, 1929, at the rate of (6%) per annum until said certificate of stock delivered or said money paid.
It is the further order and decree of this Court that Ola Talbott be and hereby is appointed as Trustee of said Trust estate to Administer the said trust according to the terms thereof and the Clerk of this Court is hereby ordered and directed after receiving said Trust Property or money to turn the same over and to pay the same to the said Ola Talbott upon the filing by her of a bond for the faithful Administration of said trust in the amount of $2750.00 which said bond is to be approved by this said court.
It will be noted that none of the defendants, other than the appellants herein, are mentioned in the decree and orders of the court.
From the above decree and orders, the appellants herein duly prosecuted their appeal, and the cause, in due course, was sent to this court.
The evidence in this case discloses, that on March 7, 1923, Joseph W. Stanley of Mercer county, Mo., executed an instrument of writing designated "Deed to Trustee." In this "Deed of Trustee," Joseph W. Stanley is designated as party of first part, Mercer county, Mo., as party of second part, and the respondents herein as parties of the third part.
The granting and habendum clauses of the said instrument is in words and figures as follows:
"Witnesseth: That the said party of the first part in consideration of the debt and trust hereinafter mentioned and created and of the sum of One Dollar to him paid by the said party of the second part, the receipt of which is hereby acknowledged and of the love and affection he bears to his grand-nephews, Stanley W. Talbott and Joseph Lynial Talbott and to his grand-nieces, Adrian June Talbott and Jewell Ruth Talbott hath granted, bargained and sold and by these presents doth Grant, bargain and sell unto the said party of the second part the sum of Sixteen Hundred ($1,600.00) Dollars, to wit:
One Thousand ($1,000.00) dollar share now of the value of about six hundred ($600.00) dollars of the capital stock of the Farm and Home Savings and Loan Association, of Nevada, Missouri dated the 19th day of April A.D. 1919, Certificate No. 6006, fully paid up, maturing 120 months from date, and the balance due of Five Hundred ($500.00) dollars on a certain note of One Thousand ($1,000.00) dollars dated Princeton, Missouri, Dec. 30th, 1916, payable 5 years after the date thereof to Joseph W. Stanley or order for value received with interest thereon from date at six per cent per annum, by agreement now bearing eight per cent per annum interest, on the principal of which said note was paid the sum of Five Hundred ($500.00) dollars on the 28th day of December 1918 leaving a balance due on the principal of said note of Five Hundred ($500.00) dollars note given and signed by R. T. Clamands Guardian of Henry F. Lemmax and secured by trust deed on the East Half of the North West Quarter of Section Twenty-Three (23), in Township Sixty-Five (65), of Range Twenty-Five (25), which said trust deed is recorded in the Recorder’s office of Mercer County, Missouri, in Book 45 at page 272, and Five Hundred ($500.00) dollars in cash, making in the aggregate the sum of Sixteen Hundred ($1,600.00) dollars.
To have and to hold unto the said party of the second part and its assigns, in trust, however, for the parties of the third part for their sole use, benefit and behoof; and said party of the second part shall:" (Then follows grantor’s directions to trustees.)
The deed shows upon its face that it was never signed and executed by party of second part, as it was evidently expected, by the grantor, that it should be.
This court gathers from the record that this "Deed to Trustee" found lodgment with either the treasurer or county clerk of Mercer county, Mo. We gather further from the evidence that the county judges received the funds, designated in the deed, and Administered same under the provisions of the deed for a period of over three years.
The record discloses that on or before September, 1927, Joseph W. Stanley, the grantor, made demand upon the officials of the county for a return of the funds to him. He gave as his reason that he had revoked the trust. It is shown that thereafter the following proceedings, as shown by Book P, at page 411 of the County Court Record of Mercer County, were done and suffered to be done by the county court, to wit:
"Whereas, on the 21st day of March, 1923, J. W. Stanley made and entered into a Trust arrangement with the County Court of Mercer County, Missouri, whereby said J. W. Stanley delivered to said County Treasurer one Prepaid Monthly installment Stock Certificate of the Farm and Home Savings and Loan Association of Missouri No. 6006 for $1,000.00 at Princeton, Mo., April 20, 1929, One note for $1,000.00 dated Dec. 30,, 1916, with interest from date at the rate of 6% per annum executed by R. T. Clamands, guardian of Henry F. Lomax, (otherwise herein referred to as Henry F. Lemmax) payable to J. W. Stanley and secured by a Deed of Trust on the East one-half of the North East Quarter of Section Twenty-three Township Sixty-five Range Twenty-five, Mercer County, Missouri, Five Hundred Dollars having previously paid on the principal of said note and recorded in Book 45 at page 272 of the deed records of said County and Five Hundred Dollars in cash in trust for Stanley L. Talbott, Joseph L. Talbott, Adrian June Talbott and Jewell Ruth Talbott said money to be loaned at six per cent interest and the interest to be collected on said note and all of said fund to be kept intact until used for said trust purposes or until demanded by said J. W. Stanley; and whereas, during the time said County Treasurer has held said property he has collected the sum of Two Hundred Fifty-two & 6-100 Dollars; and whereas, said J. W. Stanley desires to terminate said trust agreement and deman(d)s that said money and property be returned to him:
Now...
To continue reading
Request your trial