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IN RE JACKSON'S WILL

No. 7542.

294 S.W.2d 953 (1956)

Matter of the Trust under the Last WILL and Testament of Andrew JACKSON, Deceased, William Rudolph Luna, Trustee.

Springfield Court of Appeals. Missouri.

October 20, 1956.

Attorney(s) appearing for the Case

Esco V. Kell, West Plains, for appellant.

H. D. Green, Green & Green, Robert E. Hogan, Hogan & Hogan, West Plains, for respondent.

RUARK, Judge.

This appeal, so we assume from the brief of appellant, is a separate sprout growing from the roots of the controversy which resulted in our decision in In re Jackson's Will, Mo.App., 291 S.W.2d 214. Therein we held the acceptance of resignation of a trustee and appointment of a successor trustee, without notice to an interested party litigant, was error. Respondent here has filed motion to dismiss the appeal.

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