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O'REILLY v. JACKSON

No. 43293.

269 S.W.2d 631 (1954)

O'REILLY et al. v. JACKSON et al.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Denied July 12, 1954.

Attorney(s) appearing for the Case

John M. Hadley, Ivon Lodge, St. Louis, for appellants.

C. P. Fordyce, St. Louis, for descendants of Agnes M. O'Reilly, respondents.

Thomas Rowe Schwarz, St. Louis, for E. Berkley Martin, Jr., and others and E. Berkley Martin, Jr., guardian ad litem.

Motion for Rehearing or to Transfer to Court en Banc Denied July 12, 1954.

VAN OSDOL, Commissioner.

This is an appeal from a judgment in an action instituted by the testamentary trustees under the will of Edward Martin, deceased, for the construction of the will, particularly the phrase "per stirpes" as used by testator in the clause (paragraph 3 of Item Sixth) relating to the distribution of the corpus of the testamentary trust estate.

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