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SEBREE v. ROSEN

No. 47330.

349 S.W.2d 865 (1961)

Frank P. SEBREE, Administrator with Will Annexed of the Estate of Sarah Rosen, Deceased, Morris Rosen, Rose Silverman, and Meyer Rosenwasser, Appellants-Respondents, v. Jacob ROSEN, Jacob Rosen, As Trustee of the Trust Estate Created under and by Virtue of the Purported Inter Vivos Trust Agreement of Pete Rosen and Sarah Rosen, Dated May 22, 1952, and Trust Agreement Supplements Thereto Dated July 24, 1953, and February 27, 1954; Jacob Rosen, As Executor of the Estate of Pete Rosen, Deceased, Betty Rosen, Sue Hyken, Carl Hyken, Mary Bodney, Bernard Bodney, Sam Rosen, and Avrom Rosen, Herbert Rosen, Joyce Rosen, Beverly Hyken, David Rosen, and Mary Sue Rosen, Pro Ami, Respondents-Appellants, Raymond Rosen and Charlotte Rosen, Pro Ami, Sylvia Bain, Dorothy Hyken, Melvin Silverman, Sarah Lena Mendelsohn, and Dorothy Rosen, Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Clarification and Modification of Opinion Denied October 11, 1961.

Attorney(s) appearing for the Case

Terence M. O'Brien, Daniel S. Millman, Kansas City, for Frank P. Sebree and others.

Walter A. Raymond, Kansas City, for Jacob Rosen and others.

BOHLING, Commissioner.

This review involves controversies between the children, heirs at law, of Pete and Sarah Rosen (formerly Rosenwasser), with other descendants of said Pete and Sarah having contingent interests joined as parties defendant. The trial was under an amended petition of fourteen counts. A separate trial was ordered on Count XIV, the court retaining jurisdiction thereover. The record is lengthy.1 It is not possible to refer...

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