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FIRST NATIONAL BANK OF KANSAS CITY v. STEVENSON

No. 45175.

293 S.W.2d 362 (1956)

The FIRST NATIONAL BANK OF KANSAS CITY, Trustee under the Will of R. Harry Jones, Deceased, Plaintiff-Respondent, v. M. D. STEVENSON et al., Trustees of Independence Boulevard Christian Church of Kansas City, Missouri; The National Benevolent Association of the Christian Church; United Christian Missionary Society; E. H. Norrington et al., Trustees of Christian Church Commission of the Kansas City Area; The Unknown Heirs, Next of Kin, Successors, Consorts, Grantees, or Assigns of R. Harry Jones, Deceased, Defendants-Respondents, Ernest T. Shepherd, Clifford C. Jones, Florence Jones Tilt (Edwin E. Tilt, Executor of her estate), and Frances Jones Souther (Miller), Defendants-Appellants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer to Denied September 10, 1956.

Attorney(s) appearing for the Case

Gordon Miller, White Plains, N. Y., John G. Madden, Charles T. Rafter, Jr., Kansas City, for defendants-appellants.

W. Hugh McLaughlin, Kansas City, for M. D. Stevenson and others, Trustees of Independence Boulevard Christian Church of Kansas City, defendants-respondents. Cisel, Benton & McLaughlin, Kansas City, of counsel.

Wade D. Rubick, Kansas City, for National Benevolent Ass'n of Christian Church, United Christian Missionary Society; E. H. Norrington and others, Trustees of Christian Church Commission of Kansas City Area, defendants-respondents.

Charles M. Blackmar, Charles B. Blackmar, Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, for respondent First Nat. Bank of Kansas City.

Motion for Rehearing or to Transfer to Court en Banc Denied September 10, 1956.

HOLMAN, Commissioner.

Plaintiff, as trustee under the will of R. Harry Jones, deceased, instituted this action to obtain a construction of that will. The defendants are the primary and contingent beneficiaries of the trust established by the terms of said will and the heirs at law of said R. Harry Jones, deceased. Generally speaking, the trustee has taken a neutral attitude and...

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