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HAMMOND v. WHEELER

No. 48498.

347 S.W.2d 884 (1961)

Wallice HAMMOND and Earl E. Roberts, Executors of the Will of Cooper S. Hammond, Deceased, Plaintiffs-Respondents, v. Charles C. WHEELER, Executor of the Will of Clara Wheeler Hammond, Deceased, Defendant-Respondent, Wallice Hammond, Mary Hammond, Mollie Millsap, Cooper S. Hammond, Ethel Bay, Virginia Amis, Thomas B. Hammond, and Joseph H. Hammond, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

July 10, 1961.

Attorney(s) appearing for the Case

William C. Connett IV, William M. Van Cleve, St. Louis, for all defendants-appellants. Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

Thompson & Shewmaker, Richard D. Shewmaker, Bernard N. Frank, St. Louis, for respondent Charles C. Wheeler.

COIL, Commissioner.

Cooper S. Hammond died testate in 1954 survived by his widow, Clara Wheeler Hammond, and left no children or other descendants. His widow died in 1958. Respondents Wallice Hammond and Earl Roberts, executors of Cooper's will, brought this declaratory judgment action. Charles Wheeler, who was a defendant below and is a respondent here, is executor of Clara's will, and certain defendants below and appellants here are the heirs and, as such, the residuary...

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