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LEHMANN v. JANES

No. 51142.

409 S.W.2d 647 (1966)

John S. LEHMANN, Individually and as Trustee under Will of William S. Barnickel, et al., Plaintiffs-Appellants, v. Genevieve Barnickel JANES et al., Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing and for Transfer Denied December 30, 1966.

Attorney(s) appearing for the Case

Lowenhaupt, Chasnoff, Freeman & Holland, Jacob Chasnoff, Leonard J. Holland, St. Louis, for plaintiffs-appellants, John S. Lehmann, John V. Janes and the Boatmen's National Bank.

Fordyce, Mayne, Hartman, Renard & Stribling, Joseph Renard, Robert T. Johnson, St. Louis, for defendants-appellants, Carrie-May Scott Jones, George O. Jones and John R. Thomas.

Thomas F. McDonald, Henry C. Bryan, Jr., McDonald, Wright & Bryan, St. Louis, for defendants-appellants, Genevieve Barnickel Janes, and others.

David H. McGhee, St. Louis, for defendants-appellants, Allen Williams, and others.

Henry J. Kaltenbach, Warrenton, Va., Isaac C. Orr, St. Louis, for defendants-appellants, Marceline R. Kaltenbach, and others.

David Y. Campbell, St. Louis, for respondents, except John M. Hadley, guardian.

John M. Hadley, St. Louis, pro se.

Forrest C. Donnell, St. Louis, for said unknown heirs and pro se.

Motion for Rehearing and for Transfer to Court En Banc Denied December 30, 1966.

HENLEY, Judge.

This is a suit to construe the will of William S. Barnickel who died a resident of the City of St. Louis, Missouri, on May 19, 1923. By his will testator left the whole of his estate in trust. Assets of the estate distributed to his trustees consisted solely of ninety per cent of the stock of what is now William S. Barnickel & Company, a corporation, sometimes...

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