BLACKHURST v. JOHNSON

No. 9936.

72 F.2d 644 (1934)

BLACKHURST v. JOHNSON et al.

Circuit Court of Appeals, Eighth Circuit.

August 6, 1934.


Attorney(s) appearing for the Case

John T. Barker, of Kansas City, Mo. (Charles P. Woodbury, Paul S. Kelly, and Frank Brockus, all of Kansas City, Mo., on the brief), for appellant.

Dean Wood, of Kansas City, Mo. (John H. Lathrop, of Kansas City, Mo., Leo A. McNalley, of Minneapolis, Kan., and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellees Rachael A. Johnson, Dolph C. Simons, and Leo A. McNalley, trustees.

Ernest S. Ellis, of Kansas City, Mo., for appellee Kathoryne Lucille Blackhurst (infant).

Ralph W. Street, Fred B. Mertsheimer, and M. A. O'Donnell, all of Kansas City, Mo., for appellee Jessie C. Simons.

Before STONE and GARDNER, Circuit Judges, and JOYCE, District Judge.


GARDNER, Circuit Judge.

This is a suit in equity brought by the appellant as plaintiff below, to set aside a trust created by her father, Louis A. Simons, on the ground that it violates the rule against perpetuities. The lower court denied the relief sought and from the decree entered this appeal has been taken.

On September 6, 1932, Louis A. Simons executed a trust agreement, conveying the proceeds of certain life insurance policies amounting to $50,000 to...

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