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SCULLIN v. CLARK

No. 42382.

242 S.W.2d 542 (1951)

SCULLIN v. CLARK et al.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Denied October 8, 1951.

Attorney(s) appearing for the Case

Harry A. Frank, Edward C. Schneider, St. Louis, for appellant.

Paul Bakewell, Jr., St. Louis (Bakewell, Bakewell & Cramer, St. Louis, of counsel), for Lenore Scullin Clark, Stella Wade Warren and their respective descendants, respondents.

R. Walston Chubb, Philip A. Maxeiner, St. Louis (Lewis, Rice, Tucker, Allen & Chubb, St. Louis, of counsel), for respondents, May Scullin Green and Eugenia Scullin Bagnell, and their respective successors in interest.

Motion for Rehearing or to Transfer to Court en Banc Denied October 8, 1951.

LOZIER, Commissioner.

Plaintiff sued for the construction of a will, for an accounting, and for an apportionment, as between corpus and income, of certain stocks and cash items received by the trustees of a testamentary trust. Her petition was dismissed for failure to state a claim upon which relief could be granted. She appealed. The appeal is properly here because of the amount...

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