MURPHEY v. DALTON

No. 46650.

314 S.W.2d 726 (1958)

John L. MURPHEY, Administrator c.t.a.d.b.n. of Estate of Rosa Hesse, Deceased, Respondent, v. John M. DALTON, Attorney General of Missouri, Respondent, William Kohn, Appellant.

Supreme Court of Missouri, Division No. 1.

July 14, 1958.


Attorney(s) appearing for the Case

Michael J. Doherty, St. Louis, for appellant.

John M. Dalton, Atty. Gen., Jefferson City, Frank P. Motherway, Asst. Atty. Gen., Albert E. Schoenbeck, Trustee of the Estate of Rosa Hesse, deceased, pro se, St. Louis, for respondents.


COIL, Commissioner.

This case involves the question of a lawyer's right to fees payable out of trust assets for services rendered the trustee of a public charitable trust.

In October 1946 Rosa Hesse's will was admitted to probate in St. Louis. After three $1 bequests, she left the remainder to a trust company and two individuals as trustees (also named executors) to retain and invest the principal until it and accumulated interest amounted to $100,000, at...

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