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FIRST NATIONAL BANK OF JOPLIN v. SOLOMON

No. 52270.

412 S.W.2d 458 (1967)

FIRST NATIONAL BANK OF JOPLIN, Plaintiff, v. Jack SOLOMON et al., Defendants, Mort Allen, Jr., Individually and as Executor of the Estate of Ella Allen, Deceased, Appellant, and Morris Kurtz, Henry Kurtz and Ruth Witschner, Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing Denied March 13, 1967.

Attorney(s) appearing for the Case

Edward T. Wright and George D. Pittman, Jr., St. Louis, for appellant.

Jack Z. Krigel, Kansas City, for respondents Morris Kurtz, Henry Kurtz and Ruth Witschner.

LAURANCE M. HYDE, Special Commissioner.

Action by executor to construe will and codicils. The contested issue is whether the second codicil to the will of Lee Rothschild, deceased, revoked all devises and bequests to Mort Allen, Jr., and Ella Allen (now deceased) as residuary devisees. The amount which they would lose if respondents Morris Kurtz, Henry Kurtz and Ruth Witschner prevail is $26,000.00, so that we have jurisdiction (Sec. 3, Art. V, Const., Sec. 477.040...

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