COMMERCE TRUST COMPANY v. STARLING

No. 51133.

393 S.W.2d 489 (1965)

COMMERCE TRUST COMPANY, a corporation, Herbert S. Shue and S. Harvey Laner, Plaintiff-Respondents, v. Helen A. STARLING et al., Defendant-Respondents, and Anna Neevel, Esther Spector, Sadie Kadner, Charles S. Allis, Harold Neevel, Harriet Spector Scrinopskie, Marjorie Kadner Orleans Samuels, Mickey Kadner, Arthur Bruce Allis and Larry Allis, a minor, by his Guardian Ad Litem, Charles S. Allis, Defendant-Appellants.

Supreme Court of Missouri, Division No. 2.

September 13, 1965.


Attorney(s) appearing for the Case

John B. Gage, William H. Leedy, Marvin E. Hankin, Gage, Hodges, Park & Kreamer, Kansas City, for respondents.

Harry L. Browne, Howard F. Sachs, Spencer, Fane, Britt & Browne, Kansas City, for respondent Jewish Memorial Hospital Ass'n of Kansas City.

Arnold N. Shanberg, Rope, Shanberg, Rope & Gibson, Kansas City, for respondent Beth Shalom Congregation.

George L. Gordon, Lathrop, Righter, Gordon & Parker, Kansas City, for respondent Children's Mercy Hospital.

James H. Coonce, Mann, Coonce & Sullivan, Kansas City, for respondent Baptist Memorial Hospital, Inc.

Thomas M. Sullivan, Downey, Sullivan & McCormick, Kansas City, for respondent Rockhurst College.

Horace Warren Kimbrell, Kansas City, for respondent University of Kansas City.

Paul Van Osdol, Jr., Terrell, Van Osdol & Magruder, Kansas City, for respondent Midwest Research Institute.

Harry L. Jacobs, and Francis M. Hanna, Kansas City, for Dorothy A. Kovitz, Susan Allis Kovitz and Dorothy A. Kovitz, guardian ad litem for Louis Kovitz, Jr., respondents.

Robert J. Coleman, Kansas City, pro se.

Joseph A. Hoskins, Roger T. Hurwitz, Walter J. Kennedy, Hoskins, King, Springer & McGannon, Kansas City, for appellants.


STOCKARD, Commissioner.

The principal issues on this appeal are (1) whether the grantor of an inter vivos trust provided that after his death certain non-charity distributees should receive the benefits payable to them from the trust free from all inheritance and estate taxes, and if not, (2) whether the method of allocating the taxes proposed by the trustees is proper. In addition, appellants present a question concerning the allowance of attorney fees.

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