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WYETH v. MERCHANT

No. B-19510.

34 F.Supp. 785 (1940)

WYETH et al. v. MERCHANT et al.

District Court, W. D. Missouri, St. Joseph Division.

September 28, 1940.

Attorney(s) appearing for the Case

Benjamin Phillip (of Culver, Phillip, Kaufmann & Smith), of St. Joseph, Mo., for plaintiffs.

Scudder, McCoun, Stockton & Kerfoot, of New York City, and Randolph & Randolph, of St. Joseph, Mo., for defendants.

OTIS, District Judge.

The will of William M. Wyeth created a trust estate for his granddaughter, Willameta Berenice Smith. After her infancy the annual income from the trust funds was to be paid to her. The will provided (the trust provision in the will is set out in full in the margin1): "In case my said granddaughter shall die without issue surviving her then the whole of said trust fund remaining...

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