The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1891-01-27
SINGULAR SUIT.
Instituted i'm Saline County
Over a School Fund by the
Sappington Heirs.

E. ID. Sappington and others Of
Saline county, as heirs of John Sap
pington, deceased, of that county, By
their attorneys, Charles 2. and j. ID.
johnson and jos. S. Laurie. filed suit
Saturday in the circuit curt Of Saline
county against the Sappinglon School
Fund Trustees, asking to recover that
fund. which now amounts TO about
$4,000 in cash and bonds.
1t appears that IN 1858 john Sap
oiDgton, then a resident Of Saline
county, executed a deed whereby he
appointed parties trustees of a fund
to be applied as prescribed for the
education Of "the p or aud neceSsitous
children of Saline county " He thus
placed $4,000 in the hands of the
trustees, with directions to invest the
same d apply the income yearly for
the education of the poor children of
Saline county until such time in the
future as the public or common school
fund provided by the state or belong
ing 20 the county should become
sufficient TO educate all the poor
children of the county. He also
made by his will at the same time,
where he directed his executors, upon
MS death, 20 pay out Of his estate to
the trustees the further sum of S1O,-
900. to be held and applied by the
xrustees in the same manner
as the original fund. The
remainder of the estate he be-
,aueathed to his children and grand
children. He died in 1856, and his
executors paid over to the trustees
xhe sum of SO, 900 as directed. The
trustees invested the entire amount,
and applied the income yearly in ac-
.cordance with the terms of the trust.
In 1861 the trustees, in order the bet
GER TO enable them to carry into effect
the trust confded to their hands, OBJ
tanned from the state legislature an
act incorporating them as the Sap
,oington School Fund Trustees" with
continual succession, for the purpose,
as recited in the act, of "loanins out
said school fund and appropriating
the interest annually accruing On the
same to the education of the poor and
necessitous children of Saline county
IN the manner and mode prescribed
IN the will of the late John Sapping-
ION"
The petition alleges that more than
twenty years ago the school fund of
within the limits of the county, and
mas so continued ever since, so that
ct became and continued to be i'm
practicable for the trustees to apply
any portion of the income from the
trust fund in the manner or for the
purpose indicated and prescribed by
che trust, and that by reason of the
premises, the trust, by the terms
thereof, has ceased, and the right and
title to the fund has reverted to the
heirs of John Sappiugton; also that
sy reason of the facts that the trustees
for the past twenty years have been
unable to apply the fund for the pur-
pose indicated by the trust, as set
forth by the act of Incorporation, the
interest thereon has accumulated |
anti now the fund amounts to about
$50, 900. Plaintiffs pray that the
defendant corporation, as trustee, be
required to render an account of its
administration and bring the fund
into court to be divided among the
heirs according to thsir respective
Jnterests. Several heirs who did not
1oin as plaintiffs are made defendants.
DIR. Sappington, the author of the
trust referred to in the suit, was one
Of the Pieneers of Missouri, and
prominent and highly respected citi-
zen. Gov. Claiborne f. Jackson
three of his daughters In sue 6
session. The Hon. NJ. NJ. Marina {
duke, formerly lieutenant governor of
chs state, also married a daug hter,
who became the mother of the late !
Gov. John 3. Marmaduke. 1t is
without doubt true that, owing to the I
Sact that the trustees for years past, S
nave been powerless to apply the I
yearly income, the fund has continued c
10 accumulate without any benefit I
whatever tC the county. The citizens
If the comfy appear to realize that its !
mission as publ c charity has been |
accomplished, and, SO far as they are
seem willing. according to I
popular sentiment, that the fund
;hould now be restored to the heirs of a
aim who gave it. t