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HEREFORD v. UNKNOWN HEIRS OF THOLOZAN

No. 46518.

315 S.W.2d 412 (1958)

Robert A. HEREFORD et al., Plaintiffs-Respondents, v. The UNKNOWN HEIRS, etc., of Adelle THOLOZAN, Deceased, et al., Defendants-Respondents, Fred W. Sanguinet et al., Defendants-Appellants, Locust Realty Company et al., Defendants-Respondents, Reubin Sanguinet et al., Intervenors-Respondents.

Supreme Court of Missouri, Division No. 1.

July 14, 1958.

Attorney(s) appearing for the Case

Joseph A. Kirkwood, St. Louis, for appellants.

Henry Ebenhoh, Walter S. Berkman, St. Louis, for respondent, St. Louis Title & Abstract Co.

Thompson, Mitchell, Thompson & Douglas, Charles M. Spence, Richard P. Conerly, St. Louis, for respondents Locust Realty Co. and Frank's, Inc.

COIL, Commissioner.

In 1950 plaintiffs below instituted an action for the construction of the will of Adelle Tholozan and for other relief. Count 1 (the will construction count) was separately tried and the final appealable judgment therein rendered was affirmed by this court on July 9, 1956. It was adjudged that Item Fourth gave Eulalie Phillips, who was the only daughter of Adelle Phillips and who survived the testatrix, a fee simple title in the "balance &...

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