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BAKEWELL v. MERCANTILE TRUST COMPANY

No. 29722.

308 S.W.2d 341 (1957)

Paul BAKEWELL, Jr., and Mercantile Trust Company, Executors of the Estate of Lenore Scullin Clark, Deceased; Henry Woodward Green, Executor of the Estate of May Scullin Green, Deceased; Stella Wade Warren and Eugenia Scullin Bagnell, Beneficiaries Under the Will of John Scullin, Deceased; and Paul Bakewell, Jr., One of the Co-Trustees Under the Said Will (Plaintiffs), Appellants, v. MERCANTILE TRUST COMPANY, Individually and as Co-Trustee Under the Will of John Scullin, Deceased, Thomas C. Hennings, individually and as Co-Trustee under the Will of John Scullin, Deceased (Defendants), Respondents, Mary Denman Clark Wetmore, now Mrs. William T. Wetmore; Lenore Scullin Blair, now Mrs. L. Scullin Blair Darneille; Lenore Clark Steffens; Richard Clark, Also Known as Richard Carignani, Henry Woodward Green; Anne Eugenia Sullivan Gray, Now Mrs. William Ashley Gray, Jr.; John Scullin Sullivan; Mary Julia Sullivan McCloskey, Now Mrs. John J. McCloskey, Jr. (Defendants), Appellants, Rose Mae Andree De'Gheest (Defendant) Respondent.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing Denied January 17, 1958.

Attorney(s) appearing for the Case

Jacob M. Lashly, Arthur V. Lashly, Lashly, Lashly & Miller, St. Louis, for appellant Paul Bakewell, Jr.

R. Walston Chubb, Philip A. Maxeiner, St. Louis, for appellants Stella Wade Warren, Eugenia Scullin Bagnell and others (being all of the plaintiffs in the trial court except Paul Bakewell, Jr.) and on Behalf of appellants known as "concurring defendants".

Lewis, Rice, Tucker, Allen & Chubb, St. Louis, of counsel.

Henry Ravenel, Selby & Ravenel, Washington, D. C., for appellant Stella Wade Warren.

Thompson, Mitchell, Thompson & Douglas, Samuel A. Mitchell, James M. Douglas, William Stix, St. Louis, for respondent Mercantile Trust Co.

J. Porter Henry, Robert D. Evans, St. Louis, for respondent Thomas C. Hennings, Sr., Individually and as cotrustee under the will of John Scullin, deceased.

Daniel Bartlett, Sam Elson, St. Louis, for respondent Rose Mae Andree De'Gheest.

Motion for Rehearing or for Transfer to Supreme Court Denied January 17, 1958.

MATTHES, Judge.

This case comes to the writer on reassignment.

This is a declaratory judgment action to construe the will of John Scullin, particularly the third paragraph of Item II thereof, which provides for the appointment of a successor-trustee in the following language:

"In the event of the death of my son, or of the said Gilbert, or of the inability of them...

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