HAYES v. ST. LOUIS UNION TRUST COMPANY

No. 44586.

280 S.W.2d 649 (1955)

Joseph J. HAYES, Jr., Marie Alexis Hayes Sturges, Sarah Adele Hayes, and Robert Magnor Hayes, Hayes Sturges, Walter Knight Sturges, Jr., Frances Gibbes Wheeler, and Heneage Gibbes Wheeler, Jr., Individually and As Representatives of the Class to Which They Belong and of All Those Not Now in Existence Who May in the Future Become Members of That Class and of All Those Not Now in Existence Who May in the Future Have an Interest Under the Will of Joseph M. Hayes, Deceased, Marie Hayes Sturges, Lawrence Morris Sturges, Thomas Rush Sturges, Peter Sturges, and David Morris Sturges, Infants, Individually and As Representatives of the Class to Which They Belong and of All Those Not Now In Existence Who May in the Future Become Members of That Class and of All Those Not Now In Existence Who May In the Future Have an Interest Under the Will of Joseph M. Hayes, Deceased, by Walter Knight Sturges, Jr., Their Next Friend; Louise Betts Hayes, an Infant, Individually and As Representative of the Class to which She Belongs and of All Those Not Now in Existence Who May in the Future Become Members of That Class and of All Those Not Now in Existence Who May in the Future Have an Interest Under the Will of Joseph M. Hayes, Deceased, by Robert Magnor Hayes, Her Next Friend, Plaintiffs-Respondents, v. ST. LOUIS UNION TRUST COMPANY, a Corporation, As Trustee Under the Will of Joseph M. Hayes, Deceased, Florence Agnes Hayes Wheeler, Individually and as Trustee Under the Will of Joseph M. Hayes, Deceased, Sarah McC. Hayes, Defendants-Respondents, Mary Celeste Hayes Atchinson, Individually and As Representative of the Class to Which She Belongs and of All Those Whether in Existence or Not Who May in the Future Become Members of That Class, Michael Stubbs, a Minor, by Doris Banta Pree, Guardian ad litem, Individually and As Representative of the Class to Which He Belongs and of All Those Whether Now In Existence or Not Who May in the Future Become Members of That Class,' Defendants-Appellants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing and to Transfer to Denied July 11, 1955.


Attorney(s) appearing for the Case

Doris Banta Pree, St. Louis, guardian ad litem for appellant Michael Stubbs, a minor. Carter, Bull & Baer, St. Louis, of counsel.

Richard S. Bull, Edward W. Tobin, St. Louis, for appellant Mary Celeste Hayes Atchinson.

McDonald & Wright, Thomas F. McDonald, C. Havard Perkins, St. Louis, for respondents.


Motion for Rehearing and to Transfer to Court en Banc Denied July 11, 1955.

WESTHUES, Judge.

This is a suit seeking the interpretation and construction of a will.

On September 30, 1915, Joseph M. Hayes, a widower, executed his last will leaving his property in trust for the benefit of his eight children then living or their survivors. The trust was to terminate at the death of his last child. The income of the trust estate was to be paid to his children...

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