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FIRST NATIONAL BANK OF KANSAS CITY v. HYDE

No. 48770.

363 S.W.2d 647 (1962)

The FIRST NATIONAL BANK OF KANSAS CITY, Missouri, Caroline Hyde Swift and Florence Hyde Frazier, Trustees under the Last Will and Testament of Arthur M. Hyde, deceased, Respondents, v. Hortense C. HYDE, Samuel Hyde Swift (a minor), Anne Hathaway Swift (a minor), Laurance M. Hyde, Ben C. W. Hyde, Jr., Ira B. Hyde, III, all individually and as representatives of all future contingent beneficiaries under the Last Will and Testament of Arthur M. Hyde, deceased, Defendants, Caroline Hyde Swift and Linda Caroline Hryniewicz, Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied January 14, 1963.

Attorney(s) appearing for the Case

Michael J. Trombley, Columbia, for appellants.

Richard B. Taylor, Chillicothe, Lawrence R. Brown, Kansas City, for respondents, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, of counsel.

Motion for Rehearing or for Transfer to Court En Banc Denied January 14, 1963.

STORCKMAN, Judge.

This appeal grows out of an equitable action brought by three trustees for the construction of a provision of a testamentary trust and for the interim approval of their account as trustees. The trial court after a hearing construed the trust and approved the accounting. Within thirty days thereafter the trial court, at the instance of the income beneficiary, who...

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