MERCANTILE TRUST COMPANY v. SOWELL

No. 48001.

359 S.W.2d 719 (1962)

MERCANTILE TRUST COMPANY, a Corporation, as Executor of the Last Will and Testament of Harriet Elizabeth Russell, deceased; and as Testamentary Trustee Under the Last Will and Testament of Harriet Elizabeth Russell, deceased, and Senter M. Jones, Jr., as Successor Co-Trustee of said Last Will and Testament, Plaintiffs-Respondents, v. Mrs. Ingram C. SOWELL, Mrs. James A. Crutchfield, Sr., Defendants-Appellants, Mrs. Burt M. Jack, Sr., Defendant, Harriet Elizabeth Jack, a Minor, Defendant-Appellant, Russell Minton Jack, Burt Maskill Jack, Frank Ellsworth Jack, II, Defendants, Harry Ellsworth Jack, Defendant-Appellant, Webster Groves Presbyterian Church, a Corporate Body, Defendant-Respondent, Washington University, a Missouri Corporation, Defendant-Respondent, Mercantile Trust Company and Senter M. Jones, Jr., Executors of the Estate of Reuben James Russell, Defendants-Appellants.

Supreme Court of Missouri, En Banc.

Dissenting Opinion July 20, 1962.

Motion for Rehearing Denied September 10, 1962.


Attorney(s) appearing for the Case

Harold A. Thomas, Jr., and Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, for Mercantile Trust Company and Senter M. Jones, Jr., Executors, Estate of Reuben James Russell, Dec'd.

Forrest C. Donnell, St. Louis, for defendant-appellant, Harry Ellsworth Jack.

David Y. Campbell, St. Louis, for appellant, Harriet Elizabeth Jack.

Richard S. Bull and Carter, Bull & Baer, St. Louis, for respondent, Washington University.

John A. Arnold, St. Louis, for respondent, Webster Groves Presbyterian Church.

Lloyd E. Boas, St. Louis, for appellants, Mrs. Ingram C. Sowell and Mrs. James A. Crutchfield; Musick, Peeler & Garrett and E. Leroy Tolles, Los Angeles, of counsel.


WESTHUES, Chief Justice.

Plaintiffs Mercantile Trust Company, a corporation, as executor of the last will and testament of Harriet Elizabeth Russell, deceased, and as testamentary trustee under her will, and Senter M. Jones, Jr., as successor co-trustee of said will, filed this, a declaratory judgment, action in the Circuit Court of St. Louis County, Missouri, seeking the construction of the will.

The principal question involved is whether by the terms of...

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