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FIRST NAT. BANK OF KANSAS CITY v. MERCANTILE B. & T. CO.

No. 50061.

376 S.W.2d 164 (1964)

The FIRST NATIONAL BANK OF KANSAS CITY, Missouri, a Corporation, Successor Trustee under the Will of Daniel F. Trigg, deceased, Respondent, v. MERCANTILE BANK & TRUST COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, En Banc.

March 9, 1964.

Attorney(s) appearing for the Case

Jack B. Robertson, Rogers, Field & Gentry, Kansas City, for appellant.

Donald H. Chisholm, Stinson, Mag, Thomson, McEvers & Fizzell, Charles C. Oliver, Jr., Kansas City, for respondent.

Thompson, Mitchell, Douglas & Neill, James M. Douglas, Robert Neill, W. Stanley Walch, St. Louis, for Mercantile Trust Co., amicus curiae.

Bryan, Cave, McPheeters & McRoberts, George W. Simpkins, Robert H. McRoberts, Jr., St. Louis, for St. Louis Union Trust Co., amicus curiae.

Lewis, Rice, Tucker, Allen & Chubb, Charles C. Allen, Sr., Charles C. Allen, Jr., St. Louis, for The Boatmen's Nat. Bank of St. Louis, amicus curiae.

James E. Campbell, Kansas City, amicus curiae.

PRITCHARD, Commissioner.

This case arose over the appointment of the First National Bank of Kansas City, respondent, as successor testamentary trustee under the will of Daniel F. Trigg, deceased, by the Probate Court of Jackson County, Missouri, at Independence, following which respondent brought a successful action to recover some $6,169.03 (including interest) deposited under said will with appellant bank by the former trustee who is now deceased.

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