BRITTAIN v. FIRST TRUST & SAVINGS BANK

No. 8815.

42 F.2d 613 (1930)

BRITTAIN v. FIRST TRUST & SAVINGS BANK et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 2, 1930.


Attorney(s) appearing for the Case

Robert A. Brown, of St. Joseph, Mo. (Brown, Douglas & Brown, of St. Joseph, Mo., on the brief), for appellant.

Kendall B. Randolph, of St. Joseph, Mo. (Lewis F. Randolph and John P. Randolph, both of St. Joseph, Mo., on the brief), for appellees Susan Jane Brittain Motter and Samuel I. Motter, as guardian ad litem for Susan Brittain Motter and Mary Augusta Motter.

Charles H. Mayer and Mayer, Conkling & Sprague, all of St. Joseph, Mo., for appellees Mary Noel Brittain Hastings and Robert Hastings, as guardian ad litem for Robert E. Hastings, Jr., Mary Noel Hastings, and John Brittain Hastings.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.


BOOTH, Circuit Judge.

This is a suit in equity brought by the First Trust & Savings Bank, as trustee under the will of John S. Brittain, deceased, praying for instructions in the execution of the trust. The various beneficiaries of the trust were made parties to the bill, but, by severance duly allowed, only one of them brings this appeal.

John S. Brittain died December 11, 1917. He left surviving him three married daughters, each having issue; one unmarried...

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