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SMITH v. DARDENNE PRESBYTERIAN CHURCH

No. 50156.

378 S.W.2d 465 (1964)

In the Matter of the Estate of Early G. Tyler Castlio, Deceased, Selma S. SMITH, Administratrix, W. W. A. Child Evangelism Fellowship and Billy Graham Evangelistic Association, Respondents, v. DARDENNE PRESBYTERIAN CHURCH, Appellant.

Supreme Court of Missouri, Division No. 1.

May 11, 1964.

Attorney(s) appearing for the Case

Gerald M. Smith, Thomas L. Croft, St. Louis, for appellant.

Robert V. Niedner, Niedner, Niedner & Moerschel, St. Charles, for respondents.

HYDE, Presiding Judge.

This action began as an appeal to the Circuit Court from an order of distribution made in the Probate Court of St. Charles County. The issue is the distribution of the residuary estate of Mrs. Early Graves Tyler Castlio (hereinafter called testatrix) which consists mainly of real estate; so we have jurisdiction because title to real estate is involved. Sec. 3, Art. V, Const., V.A.M.S. The Circuit Court found that Dardenne Presbyterian

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