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RAFFETY v. PARKER

Nos. 15617, 15618.

241 F.2d 594 (1957)

George Hunter RAFFETY, Individually and as Trustee of the Raffety estate, Pauline Raffety, Ellot Hunter Raffety, Martha Raffety, Mary Raffety, Captola Raffety and Mildred Smith, Appellants, v. Bessie B. Raffety PARKER, Appellee. Victor B. HARRIS, Guardian ad litem for the minor defendants, Joe Grant Raffety, Fred Dennis Raffety, Phillip Stephen Raffety, Daniel Raffety, John Ulysses Raffety and Julia Elizabeth Raffety, Appellant, v. Bessie B. Raffety PARKER, Appellee.

United States Court of Appeals Eighth Circuit.

February 7, 1957.

Attorney(s) appearing for the Case

L. D. Joslyn, Charleston, Mo. (T. B. Russell and Joslyn & Joslyn, Charleston, Mo., were with him on the brief), for appellants Raffety and others.

Victor B. Harris, St. Louis, Mo., for appellant Harris.

David E. Blanton, Sikeston, Mo. (Blanton & Blanton, Sikeston, Mo., were with him on the brief), for appellee.

Before SANBORN, WOODROUGH and WHITTAKER, Circuit Judges.

WHITTAKER, Circuit Judge.

This is an action to construe a trust, and to require an accounting by the Trustee of his stewardship of the trust, brought by the widow of the Trustor who is one of several life income beneficiaries of the trust, and the principal question involved is whether, under the language of the instrument creating the trust and the circumstances, the Trustee was authorized to set up, as he did, an annual depreciation charge to cover the wear-out...

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