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TROOST A VENUE CEMETERY CO. v. FIRST NATIONAL BANK

No. 51874.

409 S.W.2d 632 (1966)

TROOST AVENUE CEMETERY COMPANY, Respondent, v. The FIRST NATIONAL BANK OF KANSAS CITY et al., Appellants.

Supreme Court of Missouri, Division No. 1.

December 30, 1966.

Attorney(s) appearing for the Case

Charles F. Lamkin, Jr., Harry D. Dingman, Kansas City, for respondent, Kuraner, Oberlander, Lamkin & Dingman, Kansas City, of counsel.

Norman H. Anderson, Atty. Gen., J. Gordon Siddens, Asst. Atty. Gen., Jefferson City, John R. Campbell, Special Asst. Atty. Gen., Kansas City, for appellant, the Attorney General.

HYDE, Judge.

Equitable class action seeking authorization for deviation from the terms of a trust instrument requiring certain designated investments. The Attorney General has appealed from the judgment authorizing deviation.

The material part of the judgment is as follows: "(1) The First National Bank of Kansas City, as trustee of the combined trust above described, is hereby permitted, empowered and authorized to deviate from the express investment policies...

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