JONES v. FIDELITY NAT. BANK & TRUST CO. OF KANSAS CITY

No. 42082.

243 S.W.2d 970 (1951)

JONES et al. v. FIDELITY NAT. BANK & TRUST CO. OF KANSAS CITY et al. JONES et al. v. FIDELITY SAVINGS TRUST CO. et al.

Supreme Court of Missouri, en Banc.

Rehearing Denied December 10, 1951.


Attorney(s) appearing for the Case

J. E. Taylor, Atty. Gen., Julian L. O'Malley, Asst. Atty. Gen., for appellant.

Justin D. Bowersock, Richard S. Righter, and Robert D. Youle, all of Kansas City, for respondent trustees.

George J. Winger, Kansas City, for Hattie Sibley et al., defendant-respondents.


TIPTON, Judge.

This case comes to the writer on reassignment. It originated in Division Two of this Court, where an opinion was prepared by the Honorable Lawrence Holman, judge of the Ninth Judicial Circuit, sitting as a special judge in that division. The case was transferred to the Court en Banc where it was again argued and reassigned. Portions of the opinion prepared in Division Two will be adopted by the Court en Banc.

"This is a consolidated appeal from...

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