OLD FOLKS HOME OF ST. LOUIS COUNTY v. SAINT LOUIS UN. TR. CO.

No. 46000.

313 S.W.2d 671 (1958)

OLD FOLKS HOME OF ST. LOUIS COUNTY, Missouri, a Corporation, Plaintiff-Appellant, v. SAINT LOUIS UNION TRUST COMPANY, a Corporation, and Emily Boulicault, Defendants-Respondents, The Salvation Army, a Corporation, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

June 9, 1958.


Attorney(s) appearing for the Case

Samuel B. Murphy, Harold S. Cook, Cook, Fairfield, Howard & Murphy, St. Louis, for Old Folks Home of St. Louis County.

G. A. Buder, Jr., and Richard O. Roberts, St. Louis, for appellant The Salvation Army.

Thomas S. McPheeters, Jr., John J. Goebel, St. Louis, for St. Louis Union Trust Co. and Emily Boulicault, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.


COIL, Commissioner.

The question is whether grantor by certain language in a trust agreement intended to exonerate either preresiduary or residuary beneficiaries or both from the payment of Missouri inheritance taxes otherwise imposed upon them by law.

On November 30, 1942, Mrs. Flora B. Lee, a widow, executed an inter vivos trust agreement with respondents, St. Louis Union Trust Company, a corporation, and Emily Boulicault as trustees. The trust was amended...

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