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MERCHANT v. WYETH

No. 11919.

120 F.2d 242 (1941)

MERCHANT et al. v. WYETH et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 18, 1941.

Attorney(s) appearing for the Case

John P. Randolph, of St. Joseph, Mo. (Kendall B. Randolph, of St. Joseph, Mo., Frederic H. McCoun, of New York City, Randolph & Randolph, of St. Joseph, Mo., and Scudder, McCoun, Stockton & Kerfoot, of New York City, on the brief), for appellants.

Benjamin Phillip, of St. Joseph, Mo. (R. E. Culver, Basil L. Kaufmann, and Francis Smith, all of St. Joseph, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is to reverse a decree which quieted in the plaintiffs the title to the corpus of a trust created under the sixth item of the will of William M. Wyeth, deceased. The closing paragraph of said item of the will read:

"In case my said grand daughter shall die without issue surviving her then the whole of said trust fund remaining at the date of her death and all increase thereof shall be paid to my son Huston or his heirs...

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