SHRINERS HOSPITALS FOR CRIPPLED CHILDREN v. EMRIE

No. 48461.

347 S.W.2d 198 (1961)

SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, a corporation, Respondent, v. Harry EMRIE, Jr., William C. Emrie, Jessie O. Emrie, Gladys Combs Shields, Louise Emrie Gossage, Thelma Bergfield, Jean Casteel, Lillian Olsen, Edna Symms, Thelma Wright, Daisy Woolley, Pendleton Goodall, Jr., Pendleton Goodall, Jr., Executor of the Estate of Margaret O. Goodall, deceased, Jessie M. Renard, Appellants, Harry C. Emrie, Sr., Ginny Sue Wright, Moya Oisen Lear, Joy Olsen Pendegraft, Mary Lou Breyfogle, William Woolley, Mildred Head Schoenhals, Anna Bruce, William Dewey Bruce, Sophia Kenamore, Will Calvert, Vanila Calvert, Lucille Calvert, Martha Morrison, Mrs. J. Robyn, Richard E. Kohler, Jean Kohler, Mrs. A. L. Browne, Marie Walters, Marilyn Walters Youll, Louise Clem Anderson, Bessie Lindhorst, Jessie Pyle, Ruth Mayger, Charies A. Renard, Mary Ellen Nelson, Minnie Braun, Edward M. Anderson, Mrs. Edward M. Anderson, The Salvation Army, a corporation, High Ridge Fire Association in High Ridge, Missouri, a voluntary association, Children's Home Society of Missouri, a corporation, Bethesda Dilworth Memorial Home, a corporation, and Charles A. Renard and Otto R. Erker, Executors of the Estate of Nettie C. Bruce, deceased, Respondents.

Supreme Court of Missouri, Division No. 2.

June 12, 1961.


Attorney(s) appearing for the Case

Mortimer A. Rosecan, Pendleton Goodall, Jr., St. Louis, for appellants.

Robert P. Smith, Washington, D. C., Foster & Vogel, St. Louis, for respondent, Shriners' Hospitals for Crippled Children.

Tralles, Hoffmeister & Gilpin, St. Louis, for respondent, Mary Ellen Nelson.

G. A. Buder, Jr., Richard O. Roberts, St. Louis, for respondent, The Salvation Army.

David E. Horn, David J. Tompkins, St. Louis, for respondent, Children's Home Society of Missouri.

William M. Ward, St. Louis, for respondent, Bethesda-Dilworth Memorial Home.

Lena Frank Oakley, David J. Stephens, St. Louis, for respondents, Ruth Mayger and Minnie Braun.

Cottrell Fox, St. Louis, for respondent, Sophia Kenamore.

Noel Robyn, Clayton, for respondent, Mrs. J. Robyn.

Paul Brackman, Clayton, Guardian ad Litem for respondent, Ginny Sue Wright.


STOCKARD, Commissioner.

Mrs. Nettie C. Bruce executed her last will and testament on February 6, 1954. At that time she owned 10,258 shares of the common stock of Ralston Purina Company which had a par value of $25 per share. On January 9, 1957 the Articles of Incorporation of Ralston Purina Company were amended whereby the authorized shares of common stock were increased from 1,600,000 shares having a par value of $25 per share to 8,000,000 shares having a par value...

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