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JOHNSON v. WHEELER

No. 41502.

228 S.W.2d 714 (1950)

JOHNSON et al. v. WHEELER et al.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Denied April 10, 1950.

Attorney(s) appearing for the Case

C. A. Stoner, Bethany, Emmett Bartram, Maryville, Howard Elliott, St. Louis, Fred Armstrong, St. Louis, Aubrey B. Hamilton, St. Louis, for plaintiffs-appellants, Boyle, Priest & Elliott, St. Louis, of counsel.

J. E. Taylor, Attorney General, Richard F. Thompson, Assistant Attorney General, for respondent.

F. M. Frisby, Bethany, R. E. Moulthrop, Bethany, L. J. Ottley, Bethany, for respondent-trustees.

Motion for Rehearing or to Transfer to Court en Banc Denied April 10, 1950.

ELLISON, Judge.

The first count of the petition in this case seeks a construction of the will of George A. Wymore, deceased; assails as void two testamentary charitable trusts declared therein; prays a decree requiring the two defendant trustees of said trusts to surrender to the heirs of the testator all of the net assets of his estate; and also that the title to his real estate by...

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