SIMMONS v. FIDELITY NAT. BANK & TRUST CO.

No. 9551.

64 F.2d 602 (1933)

SIMMONS et al. v. FIDELITY NAT. BANK & TRUST CO. OF KANSAS CITY et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 3, 1933.


Attorney(s) appearing for the Case

Hale Houts, of Kansas City, Mo. (James K. Houghton and J. R. Kaspar, both of Kansas City, Mo., on the brief), for appellants.

Justin D. Bowersock and Paul R. Stinson, both of Kansas City, Mo. (I. P. Ryland, Arthur Mag, Roy B. Thomson, Alfred M. Seddon, and Bowersock, Fizzell & Rhodes, and Ryland, Stinson, Mag & Thomson, all of Kansas City, Mo., on the brief), for appellees.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

This is an action by next of kin, as heirs at law, of Frank F. Rozzelle to have declared invalid a trust established under his will, covering the residue of his property after the payment of certain specific bequests. Some of the defendants filed a cross-petition praying a decree validating the trust and authorizing its administration as a public charitable trust in accordance with the terms of the will. At the close of the evidence the court...

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