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SCHOFIELD v. COMMERCE TRUST COMPANY

No. 22819.

319 S.W.2d 275 (1958)

John Campbell SCHOFIELD, Respondent, v. COMMERCE TRUST COMPANY, a Corporation, Trustee, and Linn J. Schofield, Appellants.

Kansas City Court of Appeals, Missouri.

December 1, 1958.

Attorney(s) appearing for the Case

Crouch & Fitzgerald, Warrensburg, for Commerce Trust Co., Trustee.

Albert Thomson, Robert Coatsworth, Davis, Thomson, Van Dyke & Fairchild, Kansas City, for Linn J. Schofield.

Gayles R. Pine, Pine, Dixon & Welling, Warrensburg, for respondent.

BROADDUS, Presiding Judge.

Plaintiff brought this suit on May 5, 1955, in two counts. The first prayed for construction of the will of Linn J. Schofield, deceased; for judgment defining the duties and obligations of the Trustee; for determination of the rights of the beneficiary; for substitution of the Trustee, alleging abuse of discretion on the part of the Trustee in failing to provide plaintiff with adequate funds for his support and maintenance, as required of...

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