United States Supreme Court Cases & Opinions

U.S. Supreme Court

Missouri ex Rel. Burnes National Bank v. Duncan, 265 U.S. 17 (1924)

Missouri ex Rel. Burnes National Bank of St. Joseph v. Duncan

No. 762

Argued April 11, 1924

Decided April 28, 1924

265 U.S. 17

Syllabus

l. The Act of September 26, 1918, c. 177, § 2, 40 Stat. 967, amending § 11(k) of the Federal Reserve Act, authorizes a national bank having the permit of the Federal Reserve Board to act a executor if trust companies competing with it have that power by the law of the state in which the bank is located, whether the exercise of such power by the national bank is contrary to the state law or not. P. 265 U. S. 23.

2. The power of Congress to grant such accessory functions to national banks, to sustain them in the competition of the banking business, cannot be controlled by state laws. First National Bank v. Fellows, 244 U. S. 416. P. 265 U. S. 24.

3. The authority given by the act is independent of regulations adopted by the state to secure the trust funds in the hands of its trust companies. Id.

302 Mo. 130 reversed.

Error to a judgment of the Supreme Court of Missouri which denied the bank's application for a writ of mandamus to compel a probate court to issue to it letters testamentary, it having been appointed executor by a will.

Page 265 U. S. 22