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NELSON v. MERCANTILE TRUST COMPANY

No. 47533.

335 S.W.2d 167 (1960)

James M. NELSON (also known as James M. Nelson III), Appellant-Respondent, v. MERCANTILE TRUST COMPANY, as Co-Trustee under Agreement dated July 11, 1924, and as Co-Trustee under the will of L. C. Nelson; Lewis C. Nelson (also known as Lewis C. Nelson III), individually, and as Co-Trustee under Agreement dated July 11, 1924, and as Co-Trustee under the will of L. C. Nelson; Dines Nelson; Virginia Dines Nelson; Eleanor Nelson, Dorothy Nelson and Barbara Nelson (the wives of Plaintiff and of Defendants Lewis C. Nelson and Dines Nelson, respectively), individually and as representatives of a class; Henry G. Nelson (plaintiff's son, also known as Valle Reyburn Nelson), Lewis C. Nelson, Jr., Mary Virginia Nelson, and Richard Nelson (children of defendant Lewis C. Nelson), and Dines Nelson, Jr., Dianne Nelson, and Wendy Nelson (children of Defendant Dines Nelson), all of whom are minors except Lewis C. Nelson, Jr., and Mary Virginia Nelson, individually and as representatives of a class, Appellants-Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied May 9, 1960.

Attorney(s) appearing for the Case

Jack M. Chasnoff, St. Louis, for plaintiff-appellant.

Tucker & Chasnoff, St. Louis, of counsel.

Thompson, Mitchell, Thompson & Douglas, James M. Douglas, William G. Guerri, John T. Sant, St. Louis, for appellants Mercantile Trust Co. and others.

J. F. Schlafly, Jr., R. Emmett Fitzgerald, Verlie, Eastman, Schlafly & Godfrey, Alton, Ill., for appellant Valle Reyburn Nelson.

C. P. Fordyce, Edgar T. Farmer, St. Louis, for Lewis C. Nelson, III, Co-Trustee. Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Denied May 9, 1960.

HOLMAN, Commissioner.

On July 11, 1924, L. C. Nelson executed a trust instrument by which he created a trust estate having assets of approximately $600,000. He made provision therein for himself, his son and his grandchildren, with ultimate remainders to be distributed to surviving descendants of his grandchildren. A large portion of the trust corpus has heretofore been distributed to...

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