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SCHLANGER v. SIMON

No. 47929.

339 S.W.2d 825 (1960)

Carol Ann SCHLANGER, formerly Carol Ann Simon, Appellant, v. John E. SIMON, Trustee Under the Will of Israel M. Simon, deceased, Frederick Nussbaum, Trustee Under the Will of Israel M. Simon, deceased, John E. Simon, Edgar J. Moch, Jr. and Frederick Nussbaum, as Executors Under the Will of Frederick M. Simon, deceased, as Substitute Defendants in the Place and Stead of Frederick M. Simon, Trustee Under the Will of Israel M. Simon, deceased, Neil Simon and Mark Simon, Jr., Respondents.

Supreme Court of Missouri, Division No. 2.

November 14, 1960.

Attorney(s) appearing for the Case

Selden Blumenfeld, James L. Zemelman, Blumenfeld & Abrams, St. Louis, for appellant.

Tobin & Hughes, Henry C. Hughes, St. Louis, for respondents.

STOCKARD, Commissioner.

Plaintiff has appealed from a judgment for defendants in her action for an accounting wherein she claims that the trustees of a trust, of which she is one of the beneficiaries, wrongfully disbursed $37,038.35 of the principal of the trust and wrongfully deprived her of $4,356.38 income therefrom.

Israel M. Simon died testate on September 3, 1935. By the fifth clause of his will he created a trust consisting of "one-half of all the rest...

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