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IN RE FUSZ' ESTATE

No. 51348.

397 S.W.2d 595 (1966)

In re ESTATE of Eugene A. FUSZ, Deceased, Louis J. Fusz, William C. Connett IV, and St. Louis Union Trust Company, Appellants.

Supreme Court of Missouri, Division No. 1.

January 10, 1966.

Attorney(s) appearing for the Case

William C. Connett IV, Thomas C. Walsh, St. Louis, for appellants, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

Frank E. Morris, amicus curiae, pro se, St. Louis, William E. Buckley, St. Louis, of counsel.

HIGGINS, Commissioner.

Appellants, executors of the estate of Eugene A. Fusz, deceased, petitioned the Probate Court of St. Louis County, Missouri, for an order of partial distribution which would authorize and direct them to distribute certain estate income received by them during their administration to trustees of trust estates created by decedent's will. The probate court denied the petition for the reason that the life beneficiaries under the will, rather than...

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