FISKE v. BUDER

No. 12013.

125 F.2d 841 (1942)

FISKE et al. v. BUDER et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 13, 1942.


Attorney(s) appearing for the Case

Jesse T. Friday, of St. Louis, Mo. (E. J. Doerner, of Tulsa, Okl., on the brief), for appellants.

G. A. Buder, Jr., of St. Louis, Mo. (Oscar E. Buder, of St. Louis, Mo., on the brief), for appellees.

Before THOMAS and JOHNSEN, Circuit Judges, and REEVES, District Judge.


THOMAS, Circuit Judge.

In 1898, Ehrhardt D. Franz of Saint Louis, Missouri, died testate, leaving an estate consisting of stocks, bonds and real estate. By the terms of his will his widow, Sophie Franz, was given a life interest in the estate with remainder over in equal shares to his ten children.

In 1909 the surviving widow created a trust, the res of which consisted of all the property owned by her in her own right and also as life tenant under the will...

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