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FISHER v. COX

No. 46106.

312 S.W.2d 775 (1958)

Reuben FISHER, Respondent, v. Harold COX, Trustee under Deeds in Trust Executed by Joe Hall, Appellant, Ola Mae Fisher, Dollie Vaughn, I. A. Fisher, H. P. Fisher, O. H. Fisher, R. H. Fisher, Mary Weaver, Joe Hutchinson, George McCarty, Hubert McCarty, John McCarty, Frank McCarty, Cenie Humphreys, Lillie Forsee, America Jones, Fred Hall, Joe Hall, Maxine Wallace, Parker Hall, Jeff Hall, Ola Mae Hayes, Josephine Sydenstricker, and Ruby Weaver, Defendants.

Supreme Court of Missouri, Division No. 2.

May 12, 1958.

Attorney(s) appearing for the Case

Edwin C. Orr, Orr & Sapp, Columbia, for appellants Harold Cox, Trustee, Joe Hutchinson, George McCarty, Hubert McCarty, Cenie Humphreys, Lillie Forsee, America Jones, Fred Hall, Joe Hall, Maxine Wallace, Parker Hall, Jeff Hall, Ola Mae Hayes, Josephine Sydenstricker and Ruby Weaver.

David V. Bear, Robert Hines, Sapp & Bear, Columbia, for respondent Reuben Fisher.

BOHLING, Commissioner.

Reuben Fisher seeks the specific performance of an oral contract by Joe Hall to devise to him the fee to 157.66 acres of land, described in the petition, in Boone county, Missouri. Mr. and Mrs. Hall had many nieces and nephews but no descendants, plaintiff being a nephew. Mrs. Hall died April 12, 1953. Joe Hall died December 26, 1954, at the age of 87 years. In 1953 Mr. Hall executed trust agreements vesting title to his real estate in trustees...

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