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USSHER v. MERCANTILE TRUST CO.

No. 47306.

328 S.W.2d 699 (1959)

Courtney USSHER, Individually and as Co-Executrix of the Will of James B. Bergs, Deceased, Respondent, v. MERCANTILE TRUST CO., as Co-Executor and Co-Trustee Under the Will of James B. Bergs, Deceased, Respondent, Virginia Johnson Parker and Mildred Johnson Hodge, Appellants.

Supreme Court of Missouri, Division No. 2.

November 9, 1959.

Attorney(s) appearing for the Case

Ziercher, Tzinberg, Human & Michenfelder, Herbert W. Ziercher, Clayton, for appellants.

Robert F. Schlafly, Keefe, Schlafly, Griesedieck, & Ferrell, St. Louis, for respondent Mercantile Trust Co.

Thomas S. McPheeters, Jr., Edwin S. Taylor, St. Louis, for respondent Courtney Ussher, individually and as co-executrix. Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

BOHLING, Commissioner.

The principal question presented by this appeal is whether the widow of James B. Bergs takes the remainder interests in two trust funds created by Items Third and Fourth of his will, the material portions of which are hereinafter stated, as intestate property. Testator named his wife (now Mrs. Courtney Ussher) and Mercantile Trust Company, a corporation, as testamentary co-trustees and co-executors. Mrs. Ussher, respondent here, instituted this...

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