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MERCANTILE-COMMERCE BANK & TRUST CO. v. BINOWITZ

No. 28158.

238 S.W.2d 893 (1951)

MERCANTILE-COMMERCE BANK & TRUST CO. et al. v. BINOWITZ et al.

St. Louis Court of Appeals, Missouri.

Rehearing Denied May 18, 1951.

Attorney(s) appearing for the Case

Thompson, Mitchell, Thompson & Douglas and Samuel A. Mitchell, and William G. Guerri, all of St. Louis, for Mercantile-Commerce Bank and Trust Co., Co-Executors of the Estate of Hyman A. Binowitz, Deceased, plaintiff-respondent.

Barton N. Grant, Sr., Milton F. Napier, St. Louis, for Estelle Binowitz, Co-Executor, plaintiff-respondent.

A. B. Frey, St. Louis, for Charles and Samuel Binowitz and Leo N. Levi Memorial Hospital Ass'n, defendants-respondents.

Karol A. Korngold, St. Louis (Arthur H. Slonim, Frey & Korngold, St. Louis, of counsel), for Charles Binowitz and Abraham B. Frey, Co-Executors of the Estate of Morris L. Binowitz, Deceased, defendants-respondents.

Robert Mass, St. Louis, for Jewish Children's Home of St. Louis, Inc., defendant-respondent.

Noah Alter, Denver, Colo., for Jewish Consumptive Relief Society, defendant-respondent.

Barton N. Grant Sr., Milton F. Napier, St. Louis (Louis E. Zuckerman, St. Louis, of counsel), for Shirley M. Binowitz Soule, defendant-appellant.

HOUSER, Commissioner.

This is an action under the Declaratory Judgments Act, R.S.1949, § 527.010 et seq to obtain a construction of the last will and testament of Hyman A. Binowitz, who died February 10, 1948, leaving as his survivors his widow, Estelle Binowitz, and two children of the marriage, Shirley May Binowitz Soule, born May 3, 1926, and Hubert E. Binowitz, born January 2, 1933.

The suit was brought by the Mercantile-Commerce Bank and Trust Company...

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