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BURNES NATL. BANK v. DUNCAN

No. 762.

265 U.S. 17 (1924)

44 S.Ct. 427

68 L.Ed. 881

STATE OF MISSOURI AT THE RELATION OF THE BURNES NATIONAL BANK OF ST. JOSEPH v. DUNCAN, JUDGE OF THE PROBATE COURT OF BUCHANAN COUNTY, MISSOURI.

Supreme Court of United States.

Decided April 28, 1924.

Attorney(s) appearing for the Case

Mr. Justin D. Bowersock, with whom Mr. John C. Landis, Jr., Mr. William T. Jones, Mr. Henry L. McCune, Mr. Armwell L. Cooper, Mr. I.P. Ryland and Mr. Samuel McReynolds were on the brief, for plaintiff in error.

Mr. Solicitor General Beck, with whom Mr. Walter Wyatt and Mr. Edgar W. Freeman were on the brief, for the United States, as amicus curiae, by special leave of Court.

Mr. Morton Jourdan and Mr. Charles H. Mayer, for defendant in error, submitted.

MR. JUSTICE HOLMES delivered the opinion of the Court.

The relator, the Burnes National Bank of St. Joseph, was appointed executor by a citizen of Missouri who died on November 27, 1922, leaving a will. The Bank applied to the proper Probate Court for letters testamentary, but was denied appointment on the ground that by the laws of Missouri national banks were not authorized to act as executors. Thereupon it applied to the...

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