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EVANS v. VOLUNTEERS OF AMERICA

No. 44431.

280 S.W.2d 1 (1955)

Clarence EVANS and St. Louis Union Trust Company, a Corporation (Plaintiffs), Respondents, v. The VOLUNTEERS OF AMERICA, a Corporation (Defendant), Appellant, The Salvation Army, Inc., a Corporation (Defendant), Respondent.

Supreme Court of Missouri. Division No. 1.

June 13, 1955.

Attorney(s) appearing for the Case

Pollock, Ward, Klobasa & Shaw, T. Hartley Pollock, John A. Shaw, St. Louis, for appellant.

G. A. Buder, Jr., Richard O. Roberts, St. Louis, for respondent Salvation Army.

HOLMAN, Commissioner.

Action by the executors under the will of Kitt Pitts Shobe for a declaratory judgment as to which of two charitable corporations, The Volunteers of America (appellant) or The Salvation Army, Inc. (respondent) is the legatee in item two and residuary devisee and legatee (item ten) in said will. The trial court decreed that the Salvation Army was the devisee and legatee, from which said decree The Volunteers of America has appealed. We have jurisdiction...

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