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MERCANTILE TRUST COMPANY v. KILGEN

No. 45592.

298 S.W.2d 387 (1957)

MERCANTILE TRUST COMPANY, a Corporation, Co-trustee under the inter vivos trust agreement of Charles C. Kilgen, Respondent, v. George J. KILGEN, in his individual capacity and as Co-trustee under the inter vivos trust agreement of Charles C. Kilgen, Appellant, Eugene R. Kilgen et al., Respondents.

Supreme Court of Missouri. Division No. 1.

Rehearing Denied and Opinion Modified on Motion February 11, 1957.

Attorney(s) appearing for the Case

Sigmund M. Bass and John Grossman, St. Louis, for appellant.

Joseph Renard, St. Louis, for respondents Charles C. Kilgen, Jr., and Eugene R. Kilgen. Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, of counsel.

Rehearing Denied and Opinion Modified on Court's Own Motion February 11, 1957.

DALTON, Judge.

Action by a co-trustee under a certain inter vivos trust agreement against another co-trustee under the same trust agreement and other defendants for a construction of the trust agreement and other written documents and for instruction as to whether the distributive share of George J. Kilgen under the trust agreement should be charged with the indebtedness evidenced...

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