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MERCANTILE TRUST COMPANY NATIONAL ASS'N v. BROWN

No. 55102.

468 S.W.2d 8 (1971)

MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION, Trustee under the Last Will and Testament of Samuel E. Hoffman, deceased, Plaintiff, v. Ruth BROWN, Mary Louise Love, Nathalie Richard Arribas-Munoz, Defendants-Appellants, John Allan Love, III, Jeffery Scott Love, a minor, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied June 14, 1971.

Attorney(s) appearing for the Case

Thompson, Walther & Shewmaker, Edmonstone F. Thompson, Paul M. Fletcher, St. Louis, for appellants.

Gillette F. Wright, St. Louis, for respondent, John Allan Love, III, and Guardian Ad Litem for respondent Jeffery Scott Love.

Motion for Rehearing or to Transfer to Court En Banc Denied June 14, 1971.

FINCH, Judge.

Plaintiff, trustee under the will of Samuel E. Hoffman, deceased, brought this declaratory judgment action seeking instructions as to the proper allocation of undistributed assets in the residuary trust created by that will. Clause Thirteenth, which created the trust, provided that the income therefrom should be paid to Ruth Scott, a niece, for life, and then to her daughter...

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