MERCANTILE TRUST COMPANY v. MUCKERMAN

No. 49596.

377 S.W.2d 355 (1964)

MERCANTILE TRUST COMPANY, Sole Trustee Under the Will of Lena Muckerman, Deceased, (Plaintiff) Appellant, v. Richard I. C. MUCKERMAN, (Defendant) Respondent-Cross-Appellant, and Jeanne Clare Imbs, a Minor, and Joseph F. Imbs, III, a Minor, (Defendants) Respondents-Cross-Appellants.

Supreme Court of Missouri, Division No. 1.

April 13, 1964.


Attorney(s) appearing for the Case

Thompson, Mitchell, Douglas & Neill, James M. Douglas, John O. Hichew, William G. Guerri, St. Louis, for appellant Mercantile Trust Co., sole trustee under will of Lena Muckerman, Decd.

Rassieur, Long & Yawitz, Elliott P. Koenig, Allen A. Yoder, and Roger R. Fagerberg, St. Louis, for respondent, Muckerman.

Guilfoil, Caruthers, Symington & Montrey, Rexford H. Caruthers, Gerhard J. Petzall, St. Louis, for defendants-respondents, cross-appellants.


HOLMAN, Judge.

This case has recently come to the writer on reassignment. It is an action for a declaratory judgment by Mercantile Trust Company as sole successor trustee to the trust estate created by the last will of Lena Muckerman, deceased, in which it sought a construction of said will and particularly a determination as to the proper disposition to be made of the one-third share of the trust of which Richard C. Muckerman, deceased, had received the income during...

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