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STATE v. STROTHER

No. 45178.

289 S.W.2d 73 (1956)

STATE of Missouri at the Relation of Lester SIEGEL, Sr., David L. Sheffrey and Commerce Trust Company, as Trustees under Trust Agreement of Florence Harzfeld, Deceased, Elise B. Sheffrey, Leah Wolf, Florence Shane, Lester Siegel, Sr., individually, Frieda Siegel, Marjorie Siegel Navran, and Lester Siegel, Jr., Relators, v. Honorable Duvaul P. STROTHER, Judge of the Circuit Court of Jackson County, Missouri, at Kansas City, Division No. 4, Respondent.

Supreme Court of Missouri. en Banc.

April 9, 1956.

Attorney(s) appearing for the Case

John H. Lathrop, Richard S. Righter, Kansas City, for Lester Siegel, Sr., David L. Sheffrey and Commerce Trust Co., Trustees.

Paul Barnett, David Skeer, Kansas City, for David L. Sheffrey, Trustee, and Elise B. Sheffrey, Leah Wolf and Florence Shane.

Herman M. Langworthy, Clyde J. Linde, Kansas City, for Lester Siegel, Sr., Individually, Frieda Siegel, Marjorie Siegel Navran and Lester Siegel, Jr.

Daniel S. Millman, Kansas City, for Honorable Duvaul P. Strother, Judge of the Circuit Court of Jackson County, Missouri, Division No. 4, respondent.

HOLLINGSWORTH, Judge.

This is an original proceeding seeking to prohibit respondent as a Judge of the Circuit Court of Jackson County, at Kansas City, from proceeding in alleged excess of the jurisdiction of that court to hear and determine in an action brought primarily to contest the will of Florence Harzfeld, deceased, an alternative count in equity to annul an inter vivos trust agreement to which reference is made in the will, and a further alternative...

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