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IRWIN v. SWINNEY

No. 1284.

44 F.2d 172 (1930)

IRWIN et al. v. SWINNEY et al.

District Court, W. D. Missouri, W. D.

October 20, 1930.

Attorney(s) appearing for the Case

Ben R. Estill, A. N. Gossett, Henry L. Jost, Claude S. Gossett, and Arthur Miller, all of Kansas City, Mo., Wm. Seward Allen, of New York City, and John T. Harding, of Kansas City, Mo., for plaintiffs.

Ryland, Stinson, Mag & Thomson, of Kansas City, Mo., for defendant executors and trustees.

John S. Wright and Leslie A. Welch, both of Kansas City, Mo. (Abraham E. Margolin, of Kansas City, Mo., on the brief), for defendant Stratton Shartel, Attorney General of Missouri.

McCune, Caldwell & Downing, R. R. Brewster, Harkless & Histed, Winger, Reeder, Barker, Gumbiner & Hazard, Madden, Freeman & Madden, Hogsett & Boyle, Langworthy, Spencer & Terrell, Scarritt, Jones & North, and Alfred Gregory, all of Kansas City, Mo., for interveners.

OTIS, District Judge.

On August 1, 1927, Harry Wilson Loose, a resident of Kansas City, Mo., executed his last will and testament. He died December 20, 1927. By one of the provisions of his will the residue of his estate, after the payment of specific bequests, was devised to named trustees, who were to "invest, reinvest the same, collect and receive the rents, issues and profits thereof, and from time to time use and apply the principal and income of said trust estate...

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