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COMMERCE TRUST COMPANY v. WEED

No. 46545.

318 S.W.2d 289 (1958)

COMMERCE TRUST COMPANY, a Corporation, Trustee under the Last Will and Testament of James W. Weed, Deceased, Plaintiff-Respondent, v. Mahlon S. WEED, James W. Weed, Mrs. Blanche Weed Olson, Mrs. Sarah Weed Lewis, Mrs. Helen Weed Gerhard, and Mrs. Dorothy McLaughlin Mitchell, Defendants-Respondents, Allan Weed McLaughlin, Defendant-Appellant and Respondent, Mrs. Verle McLaughlin Smith, Sidney M. Weed and Mrs. Grace Weed Tedrick, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

Motions to Set Aside Decision, for Rehearing or to Transfer Denied December 8, 1958.

Attorney(s) appearing for the Case

Frank C. Rayburn and John A. Weiss, Howell, Rayburn & Sanders, Kansas City, Paul E. Basye, Burlingame, Cal., of counsel, for appellant, Verle McLaughlin Smith.

Richard H. Beeson, David P. Dabbs, Dean F. Arnold, Paul E. Vardeman, Jr., Kansas City, for appellants Sidney M. Weed and Grace Weed Tedrick.

Lathrop, Righter, Blackwell, Gordon & Parker, William M. Stapleton, Kansas City, Fitzgerald, Selleck & Sinclair, Willard M. Sinclair, San Diego, Cal., for Allan Weed McLaughlin, defendant-respondent.

Barnett & Skeer, Paul Barnett, Kansas City, Wash H. Brown, Kansas City, Kan., for respondents McLaughlin et al.

Motions to Set Aside Decision, for Rehearing or to Transfer to Court en Banc Denied December 8, 1958.

HOLMAN, Commissioner.

In this action for a declaratory judgment, Commerce Trust Company, as testamentary trustee of the trust estate created by the last will and testament of James W. Weed, deceased, sought a construction of said will and a determination of the persons to whom the corpus of said estate should be distributed and the share each should receive...

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