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KNOX COLLEGE v. JONES STORE CO.

No. 51846.

406 S.W.2d 675 (1966)

KNOX COLLEGE, an Illinois corporation, J. R. Clagett, Trustee under the Last Will and Testament of Alice Dean Swobe, Deceased, and Deane Green Anderson, Plaintiffs-Respondents, v. The JONES STORE CO., a Delaware Corporation, Defendant-Respondent, The First National Bank of Kansas City, as Successor Trustee under the Trust Deed of Frances M. Dean, dated February 25, 1925, et al., Defendants on Interpleader-Respondents, The First National Bank of Kansas City and Barret S. Heddens, Jr., Cotrustees of a Trust Created by Mason L. Dean, Defendants on Interpleader-Appellants, and Helen Dean Sullivan, John Joseph Fennelly, and Lana Hensley Fennelly, Guardian of John Joseph Fennelly, III, James Bush Fennelly and Elizabeth Fennelly, Minors, Defendants on Interpleader-Appellants.

Supreme Court of Missouri, Division No. 1.

Motions for Rehearing or to Transfer Denied October 10, 1966.

Attorney(s) appearing for the Case

Joseph E. West, Galesburg, Ill., J. R. Clagett, Kansas City, for respondents, Stuart, Neagle & West, Galesburg, Ill., Kemp, Koontz, Clagett & Norquist, Kansas City, of counsel.

John B. Gage, William H. Leedy, Kenneth V. Butler, Kansas City, for appellants, Helen Dean Sullivan and others, Gage, Hodges, Park & Kreamer, Kansas City, of counsel.

Menefee D. Blackwell, Daniel C. Weary, William W. LaRue, Kansas City, for appellants, First National Bank and others, Caldwell, Blackwell, Sanders & Matheny, Kansas City, of counsel.

Motions for Rehearing or to Transfer to Court En Banc Denied October 10, 1966.

HIGGINS, Commissioner.

Action for declaratory judgment by Knox College, J. R. Clagett as Trustee under the Last Will and Testament of Alice Dean Swobe, deceased, and Deane Green Anderson, seeking construction of a voluntary deed in trust executed by Frances M. Dean as settlor. They seek to establish themselves as complete owners of the real estate and income held by the trust. Jones...

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